Deciding whether or not to end your marriage is a very difficult decision that often requires immense time and consideration. In California, there are three primary methods for ending a marriage: divorce, legal separation and annulment. While divorce offers a permanent dissolution of your marriage, a legal separation allows for both spouses to separate without terminating their marital status. 

Deciding which option best fits your particular situation will require the aid of a legal representative. At Fair Cadora, our family law attorneys can provide you with a comprehensive list of criteria to consider when deciding between a legal separation and divorce so that you can make an informed decision and maximize your potential for a positive outcome.

Some common reasons to consider a legal separation include:

• Religious/cultural beliefs

• Domicile

• Financial restrictions

• Military benefits

• Social Security benefits

• Medical insurance

• Family obligations

No Waiting Period

Unlike a divorce that requires a six-month waiting period to become finalized, once your legal separation agreement is filed, your final judgemental can also be processed.

The process for legal separation is similar to a divorce and includes the following steps:

• File a petition for legal separation

• Decide on child custody and visitation

• Reach an agreement on spousal maintenance, child support and property division

• Obtain a final judgment of legal separation from Family Court

If you and your partner have children and are unsure as to whether you want to permanently dissolve your marriage, a legal separation can be used as a viable alternative to explore but there are various implications when filing a legal separation such as tax filing status that should be discussed prior to filing..

A Starting Point

A legal separation may begin as a temporary separation, but can be a foundation for your divorce settlement if you or your spouse decide to go forward with a divorce later. At Fair Cadora, we understand just how complex this process can be on your emotional well-being. With over twenty years of combined experience, our family law attorneys can help you come to a decision that you can feel confident about.