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:
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Religious/cultural beliefs
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Domicile
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Financial restrictions
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Military benefits
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Social Security benefits
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Medical insurance
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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:
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File a petition for legal separation
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Decide on child custody and visitation
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Reach an agreement on spousal maintenance, child support and property division
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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.
