Legal Separation in California

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Unlike a divorce, a legal separation does not terminate a marriage. It is an alternative to a divorce.  The husband and wife retain their marital status even though they do not live together;  the marriage has broken down. A legal separation is similar to a divorce in that all of the same issues must be resolved and adjudicated, including child custody and visitation, spousal support, child support, and a division of community property, rights and obligations.

A legal separation may be preferred to a divorce in some cases for religious or economic reasons, such as to retain medical insurance that would otherwise be lost in a divorce. Both parties must agree to a legal separation and to its terms. If one of the parties responds by requesting a divorce, then the legal separation may not be granted by the courts. A legal separation is not a necessary prerequisite to obtaining a California divorce.

An Irvine legal separation lawyer at the firm can assist you in working out the terms of your separation agreement with your spouse. Our firm provides mediation services which can facilitate the resolution of any issues, such as those involving children or marital property and debt. For some couples, a legal separation sets the stage for a later divorce while leaving the door open to the possibility of a resumption of the marriage.

Call us at (949) 416-2215 today if you’re considering a legal seperation in Irvine, Inland Empire, Riverside, or anywhere in Orange County.