Nobody ever enters into a marriage with the mentality that it will someday
come to an end. Unfortunately, married couples can sometimes grow so far
apart in their values and desires that dissolving the marriage becomes
necessary to foster each spouse’s long-term happiness. With that
being said, a divorce may not be right for everyone. Depending on the
Legal Separation may be the more appropriate option. But what exactly is the difference,
and how can you know which option is best for you?
Legal Separation in California
A Legal Separation is a court action which declares that you and your spouse
no longer live together and are financially independent from one another.
It is an alternative to divorce that requires you and your spouse to go
through the same process and sort out the same issues as a divorcing couple,
including property division,
child custody and visitation,
spousal support, and more. A Legal Separation does everything but terminate your marital status.
A Legal Separation can provide several benefits, including:
- It allows you and your spouse to separate without being subjected to the
religious or moral stigma of a traditional divorce
- It allows you and your spouse to maintain benefits such as health insurance coverage
- It allows you to separate if neither you, nor your spouse, have fulfilled
the residency requirements of divorce
- It has a positive psychological effect, i.e. people who cannot accept the
idea of divorce are typically more comfortable with Legal Separation
While the benefits may be many, there are also certain drawbacks to Legal
Separation. Since you and your spouse will still be married to one another
at its conclusion, you may not remarry anyone else. Along the same lines,
inheritance rights will still remain intact, meaning that if you or your
spouse passes away, the other spouse will still have a right to all or
part of the deceased spouse’s estate.
Consult with a Skilled Irvine Divorce Lawyer
Regardless of whether you choose to pursue a divorce or Legal Separation,
it is important to consult with a knowledgeable attorney to ensure your
interests are guarded every step of the way. At The Buncher Law Corporation,
our compassionate and trusted
Irvine divorce attorneys can help you understand your legal options and guide you towards a solution
that is right for you.
Find out why so many clients love us
by calling our office today at (949) 536-7500.