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Should We Consider A Legal Separation Instead of A Divorce in Carlsbad?

On Behalf of | May 6, 2021 | Divorce

When should you consider a legal separation instead of a divorce in Carlsbad?  In the state of California a divorce is not the only way to legally proceed if you are contemplating termination of your marriage. Another option some may wish to consider is known as “legal separation.” Couples who get a formal legal separation are still legally married at the end of the proceedings. However, the court will step in and issue orders on many important and sometimes contentious marital issues.

If live in the San Diego area and you have irreconcilable differences with your spouse, our experienced Certified Family Law Specialists will help you determine whether a legal separation is the best fit for your circumstances.

The Benefits of Legal Separation

What are some of the situations where it might be better to consider a legal separation instead of a divorce in Carlsbad? A legal separation can be the right choice for San Diego couples for a wide variety of reasons. One benefit of a legal separation is that it gives an option to couples who have irreconcilable differences within their marriage, but at the same time have a religious, ethical or moral objection to a divorce.

Another advantage is that it might be the best option for couples who have decided they want to legally enforce time living apart but need to maintain the status of one of the parties as a “spouse” for insurance coverage purposes. This is often a strong solution to consider if one of the spouses faces serious medical issues and would lose medical insurance coverage in the event of a divorce.

A decree of legal separation will help resolve difficult marital issues such as division of assets, division of debts, resolution of child custody and parenting time, spousal support and more. If you need to stay married you want to ensure you don’t put yourself at unnecessary financial and legal risk. If you are living separately from your spouse without a legal separation you could still be liable for your spouse’s debt and possibly other legal issues.

The Disadvantages of Legal Separation

A legal separation is not necessarily inherently less complex than a divorce, in fact, the grounds for legal separation are the same as those for divorce. The process often involves just as much time, legal assistance and stress as does a divorce. And at the end of the process you and your spouse are still legally married.

Contact One of Our Carlsbad Certified Family Law Specialists

If you are contemplating separation or divorce but are unsure of which option is best for you, seek the assistance of one of our experienced Certified Family Law Specialists.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.