Legal separation is an alternative to divorce that many couples choose for various reasons.

 

• Some have religious or cultural beliefs which make a divorce not an option.

• Some seek a legal separation for practical reasons, like to keep a spouse on a health

insurance policy or to qualify for certain military or social security benefits

• Some use it a way to live apart for a while, while still holding the option for

reconciliation open.

• Since in California there is a 60 day waiting period on divorce, many couples file for legal

separation at the same time to bring about the conditions of the divorce as soon as

possible.

• You also have to be a resident of California for a minimum of 6 months before you can

file for. Couples use a legal separation as a temporary solution in the meantime.

 

What is a legal separation in California and how does it work?

The main difference between getting a divorce and a legal separation is that a legal separation does not terminate the marriage (you cannot remarry). However, once you file for a legal separation, you stop accumulating community property and each respective spouse starts earning/acquiring only separate property. A divorce and a legal separation share a lot of common features: they both allow you to settle such issues as property division, spousal and child support, and child visitation and custody. You and your spouse will make a “separation agreement” on these issues and the court will issue an order outlining your respective rights and responsibilities accordingly.

 

Hiring an experienced Los Angeles Legal Separation Attorney is essential

A poorly-executed separation agreement can haunt you beyond just the legal separation. If you and your spouse later file for divorce, a judge can be inclined to use your separation agreement as a basis for the terms of your divorce since you have already demonstrated that the terms were acceptable to you. A qualified and seasoned legal separation lawyer can help you come to the right terms and help you properly execute the agreement in order to protect your long- term financial and personal interests. Lilian has over 25 years of legal practice experience  and is available to discuss your current situation. Contact her today at (310) 920-5810 or lilianhoats@gmail.com to schedule a free, no-obligation, and confidential consultation.

Legal Separation