What is a “legal separation” and when is a legal separation a good option prior to a divorce in San Diego? A divorce completely severs all legal and financial ties between a married couple in California. A legal separation provides a process and structure to the separation of two parties from the marriage without ending the bonds of marriage themselves. This can be important for health reasons, religious beliefs or simply to provide an opportunity for the couple to reflect upon the relationship and seek reconciliation before finalizing a divorce.
What makes a legal separation a good option prior to a divorce in San Diego is it begins the process and moves things forward while other complicating issues can be resolved. Just as in a divorce, the parties will go through the process of community property division, manage child custody and parenting time arrangements (if necessary) and determine the need for child support or spousal support. It is important to note a legal separation should also address the division of retirement or pension related assets as well as any marital interest in a business entity or professional practice. The legal separation process is very much like a divorce in these aspects.
What makes a legal separation a good option prior to a divorce in San Diego? Quite simply, the parties remain married even though legally separated. If the parties reconcile, they simply discard the agreements and orders of the legal separation and the marriage continues. A legal separation is often a good choice when one of the spouses faces a substantial health issue and needs to maintain health insurance for as long as possible. If there are religious or social implications of a divorce a legal separation helps the parties to separate their interests without a divorce.
If you are wondering what makes a legal separation a good option prior to a divorce in San Diego you will need sound, proven legal advice and counsel. 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.