LEGAL SEPARATION
For some couples there may be situations where a legal separation is better choice than a divorce. Legal separation can be a temporary solution for couples unsure whether or not a divorce is what they really want. It allows them to experiment and test the waters before making the dissolution of the marriage permanent. There are other reasons people pursue a legal separation instead of a divorce such as religious or cultural reasons, legal separation may offer a permanent situation to a unsuccessful marriage. Although legal separation is handled much like a divorce by the courts, after agreements have been made, the couple is still legally married. Legal separation can be viewed as a trial period prior to a divorce or a substitute for a divorce, albeit one that precludes remarriage.
Legal separation is a legally binding agreement that outlines the rights and responsibilities of the spouses during the time that they are living apart from each other. It involves many of the same aspects of a divorce including the division of property, the marital residence, custody of children, asset protection, visitation rights, spousal support, and child support.
UPSIDE TO LEGAL SEPARATION
While there are several reasons to choose legal separation over divorce, the primary difference between legal separation and divorce is that after the terms have been settled, a divorce is final and cannot be undone. On the other hand, being legally separated may help couples reconcile their differences, or simply help them decide if a divorce is the ultimate outcome.
WHY LEGAL SEPARATION INSTEAD OF DIVORCE?
- Maintaining a marriage for religious reasons
- Providing a chance for couples to experience what their divorce would be like
- Continuing receiving spouse’s insurance benefits
- Retaining military benefits and/or tax benefits
- Protecting certain social security benefits
Legal separation may also be more appealing to some couples because it takes effect immediately after the agreement is filed. Whereas a divorce requires six months or longer in California, and so many couples opt for the quickest solution. The courts make it convenient to convert a legal separation into a dissolution in the event one desires to go through with a divorce after a legal separation.
NEGOTIATE A FAVORABLE LEGAL SEPARATION
There are many factors to be taken into consideration when it comes to deciding whether or not to end a marriage or a domestic partnership. It is tremendously important to consult an experienced and knowledgeable attorney before proceeding with a legal separation or a divorce. If you are not sure if getting a divorce is the right decision for you, legal separation is an alternative. The thoughtful family law attorneys at San Diego’s Mellman & Mellman are available to help you in making this delicate decision.
If you are considering a legal separation, contact Mellman & Mellman to setup a no obligation consultation with one of our experienced attorneys to obtain information and assistance in protecting your rights. We will assist with drafting a separation agreement with a property division, spousal support, and other criteria that meets your requirements and allows you to maintain your current standard of living after your separation. If you have children, we will work with you to negotiate a custody, support, and visitation agreement. Our attorneys are proficient in all areas of family law and have helped many couples facing marital difficulties to find the solution that best suits their circumstances.
There is never a charge or obligation for your initial consultation. Contact us today.