Legal separation is an alternative to divorce for couples not wanting an official ending of the marriage for any multitude of reasons. Legal separation has the same grounds for divorce (irreconcilable differences or insanity). The separation is actually a legal agreement outlining the responsibilities of both parties. Similar to divorce, things like child support, alimony, and division of shared property are agreed upon for the legal separation.
There are a general list of differences between divorce law and legal separation:
1. The parties are still legally married, meaning neither party can be remarried.
2. Legally separated spouses still qualify for insurance and/or pension benefits most of the time.
3. Dissolution can be filed at a later date, but most of the agreements from the legal separation will be held unless otherwise stated.
4. A legally separated spouse no longer qualifies for intestate succession (inheritance of the estate) without a will.
Although legal separation is rare in California, it is a healthy alternative to divorce. If you and your spouse aren’t looking to remarry and are on good terms about separating, legal separation is a strong option for your lives.
Here at The Family Law Center, our attorneys have a multitude of experience dealing with cases across the spectrum and can help you with questions regarding divorce law. If you and your spouse think you can agree with a legal separation, call and book a consultation with one of our professional lawyers today.
Family Law Center serves clients in Sacramento, Yolo, Placer, El Dorado, and other outlying counties.