California courts offer married couples the option of pursuing a legal separation as an alternative to a divorce (also called “dissolution”). A legal separation can operate in much the same way as a divorce order, and thus some married persons who do not want a divorce but want financial protections and custodial arrangements seek a legal separation. Here are a few things to keep in mind in this process.
A Legal Separation is Different From an Informal Separation
Separation can be a confusing word in California family law, as it can not only refer to a legal separation but also to the “date of separation,” which is the day that at least one person in a marriage decides that they no longer want to be married. The date of separation is important in a divorce in dealing with spousal support and property distribution issues.
But, to be clear, a legal separation is not simply you and your spouse living apart or deciding not to be married. Instead, it is a legally operative order that must be handed down by a California court.
Legal Separation Offers the Same Features as Divorce…
In a legal separation, either a judge will impose orders or you and your spouse will reach an agreement on all of the same issues that would be finalized in a divorce:
- How your shared marital property should be divided
- What, if any, spousal support should be paid and for how long
- Child custody determinations (including legal custody and physical custody) and schedules
- Child support payments and terms
- Visitation schedules
…With One Big Difference
While a legal separation does provide a legally enforceable order regarding all of the above issues, the one thing it does not do is end your marriage. With a legal separation, you will still be married, meaning, among other things, that you cannot marry someone else.
People choose a legal separation over a divorce because of this one defining feature, and there are any number of reasons for doing so, such as:
- Religious reasons
- Hope for reconciliation of the marriage at a later time
- The ability to receive benefits via the marriage, including health insurance
- They desire to remain married but also to have clear delineations regarding finances and/or custody
Your Partner May Want a Divorce Anyway
Keep in mind, however, that either spouse in a marriage has the right to pursue a divorce at any time. Thus, if you decide you are going to pursue a legal separation from your spouse, do not be surprised if your spouse responds by going ahead and seeking a divorce instead. The court will grant the divorce because it cannot force two people to remain in a marriage when one wants out.
Speak to a CA Family Law Attorney Regarding Whether a Legal Separation is Right For You
A legal separation can be a great legal tool to deal with a complicated family situation, but make sure you go in understanding the full picture of what a legal separation may mean for you by speaking with a California family law attorney about your situation.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.