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.