An unhappy marriage in which couples feel stuck can lead them to opt for legal separation while weighing the pros and cons. What do you do when marriage is no longer a healthy relationship, but the spouses are simply not ready to end it? Nothing on this page or on our website constitutes legal advice and should not be construed as such. It is not intended to refer to your specific situation or answer your specific questions. The decision to end a marriage can be difficult, especially if children are involved. Legal separation offers an alternative that allows spouses to live a separate life while maintaining their marital relationship in accordance with the law. It can get complicated, but it can be better in some situations. It`s best to talk to an experienced family law attorney to learn more about California`s legal separation laws and whether legal separation is a good option for your situation. In many cases, when spouses feel the need to take a break from their marriage, they seek legal advice from their family law lawyers. One of the things they can consider is filing a legal separation. Once you get your legal separation, the couple can officially stop living together unless you want a brief separation (which is still considered a separation in some states). In this case, you can always get along a little better with your ex-spouse and maybe even try to keep your friendship alive. It`s not always easy, but it`s possible.
You can even use legal separation to avoid divorce altogether, depending on your goals as a couple. Spouses who wish to apply for legal separation have various reasons depending on the circumstances of the marriage. Some choose to go through the process in order to have the opportunity to live a separate life without being bound by an unsatisfactory marriage. Others do so because they want to avoid a potentially chaotic divorce where one partner could challenge the separation. You and your ex-spouse will need to work together to agree on these issues or face each other in divorce court. Hiring a legal separation lawyer can improve your chances of compromising with your spouse and reaching a successful settlement agreement. This can save you time, money, and stress. Although they have some similarities, legal separation and divorce are not the same thing.
In all cases, the couple lives separately with a specific legal agreement. However, legal separation does not completely dissolve marriage like divorce. In this article, we will discuss the pros and cons of legal separation and what it can mean for your personal situation. Legal separation of the parties may be based on one of the following grounds: Unlike divorce, legal separation has no residency requirements, meaning you don`t have to reside in California for at least six months or in your county for at least three months. Many people who have recently moved to California and want to end their marriage opt for legal separation so they can begin the process without waiting months. For California to have jurisdiction (ability) to issue custody or access orders, children must always meet residency requirements, except in emergency situations. So if you need custody or access orders, you may want to explore other alternatives. Legal separation has certain advantages and limitations. Read on to learn more about what it prescribes and how couples can benefit from it. In the state of California, your spouse must agree to a legal separation. If not, you may need to file for divorce. With this in mind, legal separation is not something that should be considered without careful consideration, as it is a life-changing event.
In order for the court to properly assess the couple`s marital status, the spouses must provide several legal documents, including their finances. They must disclose relevant information that will help them reach a desirable agreement in a legal separation agreement. You can ask a judge for legal separation instead of divorce for the following reasons: Appellant: “We have been married for nine years, but legally separated for two years.” A lawyer can help you resolve your legal separation issues while protecting your rights. For example, your lawyer can help you with custody, visitation and support issues by helping you and your ex create a parenting plan. Your lawyer can also help you divide your marital property and make sure your ex or his lawyer doesn`t take advantage of you. The first thing you need to ask yourself before having a case of separation from your spouse is whether or not you want to remarry. In case of legal separation, you cannot legally remarry. This can only be possible with a divorce or annulment.
After that answer, I would like to ask supplementary questions. I quickly realize that the person on the other line who just told me that he and his wife have been “legally” separated for two years means “physically” separated. However, the appellant does not practice family law on a day-to-day basis.
