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
• 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
• 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 firstname.lastname@example.org to schedule a free, no-obligation, and confidential consultation.
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