With a legal separation, you remain married to your partner, whereas divorce dissolves the marital status completely.
Legal separation is essentially an alternative procedure to dissolution of marriage, however, the issues of support, custody, property allocation, and other marital issues are addressed, except for termination of the marital status.
As divorce and legal separation are similar, aside from the dissolution of the marriage component that comes with divorce, the process costs about the same.
What are the Benefits of Separation?
When you become legally separated from your partner, you can negotiate benefits that will help you begin your life anew, but not from scratch, such as:
- Health care/Other benefits: One spouse is a beneficiary of the other’s government, medical benefits, or health insurance and would like to retain those rights. However, some policies do not permit a spouse to stay on an employee’s health insurance if there is legal separation. Thus, it is critical that you investigate the specific terms of coverage in your situation.
- Reversible: Divorce cannot be undone, but reconciliation is easier with a legal separation. If you are unsure if you and your partner simply need time apart rather than to cut ties, a separation agreement may buy you the time necessary to work out the problems in your relationship.
- Marital Status: Legal separation allows you to retain your marriage status. If you have a religious objection to divorce, this method may be a useful legal tool.
- Decision-Making: Spouses are still considered next of kin and can make medical or financial decisions on your behalf. Divorced spouses are no longer considered next of kin.
- Tax Benefits: There may be a tax benefit for you and your partner to remain married.
Not sure whether you should pursue a legal separation or divorce? Our expert family law attorneys provide the best legal advice in Northern California. Contact Us. 1-877-864-5193
How to Separate: Step-by-Step
The paperwork process is the same for divorce and legal separation. If you need help filling out your court forms, an experienced family law attorney like ours at Lewellen Family Law P.C. can help you navigate the process.
To file for legal separation, the California residency requirement is that at least one of you lives in the state. The same applies to domestic partnerships registered in the state.
To legally separate from your partner you must:
Step 1: File a Legal Separation Petition
File for separation in the county you or your spouse live. The filing fee is about $435 but may be more depending on your county..
Step 2: Move to File Legal Separation Agreement
After you file and serve your petition papers, you will also be required to serve your preliminary declaration of disclosure. If your spouse fails to respond to the petition papers, you can proceed by obtaining a default judgment. This requires you to submit your “proposal” for matters such as, without limitation, child custody, child support, visitation, spousal support, and the distribution of marital assets and debts.
Step 3: Settle Unresolved Issues
If your spouse timely files a response to the petition, he/she will also need to serve a preliminary declaration of disclosure on you.
If this occurs, you will have the option to conduct discovery, engage in settlement negotiations, and if a settlement cannot be reached between the parties, proceed to a trial. The judge will assess the situation and make a judgment for you and your partner.
Step 4: Execute the Separation Agreement
After a judge reviews and signs off on your legal separation agreement, it will be filed and on record with the court clerk as a judgment.
You will remain legally married, but you and your partner will be able to live separate lives.
This is a simplified version of the steps to file for legal separation. To navigate the complex process, reach out to our family law experts today. 1-877-864-5193
How Does Separation Affect Your Right to See Your Children?
Both spouses share custody of any children during separation periods due to the legal separation or divorce process, and each has the right to see their children.
When one parent moves out of the home and the other stays with the children, either parent can file for child custody and child support in a legal separation case.
The court decides which parent is custodial and non-custodial and may create a visitation order.
That’s what occurs legally, but children may display a range of emotional and behavioral reactions in the months afterward.
Family Law Services Provided by Lewellen Family Law P.C.
Family law cases can vary due to many factors, including children, finances, and potential abuse. Our family law attorneys and professionals provide our clients with an exceptional depth of experience handling cases involving a wide range of legal issues, including:
- Child Custody
- Child Support
- Domestic violence restraining orders
- Division of property
- International or out-of-state removal of minor children
- Spousal support
Lewellen Family Law P.C. have extensive experience in handling legal separation. Contact us today for a consultation to learn how California law applies to you. 1-877-864-5193