Legal separation is a written agreement filed with the a family court that allows couples to live separately while still retaining certain responsibilities and benefits of a marriage. There are many reasons couples file for legal separation, but in most cases it is a step toward divorce. If you are considering filing for a legal separation, speak with a San Diego divorce attorney to determine if this is right for you.
A legal separation is handled through the courts, just as a divorce is. However, there is no wait time to satisfy a county residence requirement, and the separation is granted immediately by the judge. A divorce, by contrast, has a six month processing delay.
While your San Diego divorce attorney will help ensure your rights are protected, a judge will decree your legal separation and decide:
Unlike divorce, however, legal separation means that the couple is still married and cannot remarry. A legal separation is most often sought by couples as a trial divorce; if after a period of time both spouses decide they wish to remain married, they can file to have the separation lifted. In most cases, however, divorce is the eventual outcome.
Spouses who are legally separated enjoy certain benefits:
If you believe legal separation is an option that may suit your needs, talk to a San Diego divorce attorney for more details. Call us for a consultation today at (619) 866-3756.