The only real difference between an actual "legal separation" and a divorce is the breaking of the bonds of matrimony. That is, a legal separation addresses custody of children, parenting schedules, asset division, debt responsibility, and other financial issues - just like a divorce - but the couple stays married.

If you are not sure whether divorce is for you, but find you can no longer live with your spouse, perhaps a legal separation is what you need? With a legal separation, you can have most of your rights determined as if you were divorced, and retain many of your marriage benefits, such as staying on one another's health insurance. Later, should either party elect to have a divorce, status can be changed from legally separated to divorced with relatively little time or expense. If you have decided that a legal separation is the way to go, contact our Orange County legal separation attorneys; they will help you understand the process and explain your rights and obligations as a legally separated individual.

People generally elect legal separation for one of four reasons:

(1) They are undecided as to whether they will ultimately reconcile or want a divorce, but in the interim, they need their rights adjudicated, such as a determination of spousal and child support, division of community property, and a schedule for child custody and visitation. 

(2) They no longer wish to be married, but do not want to give up certain marriage benefits, such as sharing health insurance. 

(3) They are morally and/or religiously opposed to divorce, but can no longer live with their spouse. 

(4) A party wishes to file for divorce in California immediately, but has not been residing in the county or the state long enough to qualify to file for divorce.  In this later instance, a petition for legal separation is filed, and after enough time has past, the petition is amended to a divorce.            

Our experienced family law attorneys can explain the legal separation process to you and help you decide if this is the best option for you.

We serve clients throughout Orange County, North San Diego County, Riverside County and Los Angeles County.

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