Defining Legal Separation in San Diego
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.
The legal separation process is generally the same as a divorce process, but when the case is over, the parties’ marital status is still married.
Reasons For Legal Separation in California
Deciding which option best fits your particular situation will require the aid of a legal representative. At Fair Cadora, our divorce and 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
In some situations, a couple may determine that a legal separation is preferable for their situation over a traditional divorce. Both parties must agree to opt for a legal separation instead of a divorce. If one spouse prefers a divorce over a legal separation, the proceeding will likely become a divorce.
The Cost of Legal Separation in San Diego
The cost of a legal separation in California can vary widely depending on a number of factors, including the complexity of the case, whether or not there are contested issues, and whether or not an attorney is hired. Here are some of the costs that may be associated with a legal separation in California:
- Filing fees: In California, the filing fee for a Petition for Legal Separation is currently $435 as of March 2023. This fee may be waived if you meet certain income requirements.
- Attorney fees: If you hire an attorney to represent you in your legal separation, you can expect to pay an hourly rate. The cost of an attorney can vary widely depending on their experience and the complexity of your case. There may be additional costs associated with court hearings, such as court reporter fees, expert witness fees, and mediation fees.
Other expenses: Depending on your specific situation, there may be other expenses associated with your legal separation, such as the cost of appraisals for property division or the cost of hiring a custody evaluator.
The Timing of Legal Separation in San Diego
In California, divorces require a 6-month waiting period, however, legal separations do not require a waiting period. Your situation and dynamic with your spouse can greatly influence how long it actually takes for you to obtain a legal separation in San Diego.
