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Legal Separation

A legal separation is an alternative to a divorce for people who are not ready to file for a divorce or don’t want to end their marriage but can’t continue living together. Unfortunately, simply living in separate apartments (houses, states, countries, etc.) does not constitute a legal separation. Spouses are presumed to be legally separated when a judge signs a judgment for legal separation.

There are several reasons why people choose to file for a legal separation instead of filing for a divorce:

  1. You are not eligible to file for a divorce because of residency requirements. You or your spouse must be a resident of California for six months and of the county where the petition is filed for three months before you file for a divorce;
  2. You or your spouse would like to remain eligible for the other spouse’s medical insurance that would otherwise be lost by a termination of the marriage;
  3. You or your spouse oppose divorce for religious reasons;
  4. You think there is a chance of reconciliation;
  5. You or your spouse will soon become eligible for the other spouse’s social security benefits. If you are married for 10 years or longer you become eligible for social security retirement.
  6. Tax benefits for you or your spouse; and
  7. You and/or your spouse are not ready to file for a divorce.

If the aforementioned reasons do not apply to your situation you may consider filing for a divorce.

A legal separation proceeding is similar to any marriage termination (divorce) proceedings; spousal support, child support, custody and visitation, property division, and other issues are adjudicated under the same standard and in the same manner.

Unlike divorce, legal separation does not end your marriage. You will not be able to enter into a new marriage unless and until your marriage is dissolved. If you later decide to get divorced, you will have to go through the legal steps necessary to terminate your marriage.

California is a “no-fault” state; meaning one spouse does not need a specific reason to file for a legal separation and/or for a divorce. Fault is simply not a relevant consideration in the legal process.

There is a small nuance concerning entering a judgment of legal separation. If you petition for a legal separation, but your spouse responds with a request for dissolution of marriage, and vice versa, legal separation may not be granted

Please feel free to email me at maria@rogovalawfirm.com or call me at 619-737-3919 if you have any additional questions. I will gladly provide you with a 30-minute complimentary consultation.

Our Process

We will make sure you understand the entire process and are involved in it. We believe that you should meet, work, and communicate with an attorney throughout your entire case.

1. Evaluating

We meet with you to learn about your case, issues, and nuances. We explain the process and options available to you.

2. Planning

We set goals and develop a strategy for your case in order to achieve them. You will be involved in the entire process and the final decision will be up to you.

3. Achieving

We will be working diligently on your case to protect your rights, assets, children, and values. If your case requires, we will use discovery tools to find hidden information. We understand that each case is unique and requires a different approach to achieve your desired result.

Let us help you!

If you need any help, please feel free to contact us. We will get back to you within 1 business day. If it’s an emergency, please call us now.

Call : (619) 737-3919

maria@rogovalawfirm.com Mon – Fri 8:30  – 6:00


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