Although legal separation and divorce share some similarities, they are not the same.
A legal separation is an alternative to divorce, which is what some couples choose to bring closure to the relationship but the marriage remains intact.
With legal separation, there are still many formal legalities that must be put in place, such as:
- File a petition for legal separation
- Decide on child custody, child support, alimony, and property division (which may be decided between both spouses or by the court)
- Get a final judgment of the legal separation formalized by the court
When filing for legal separation, you or your spouse must allege one of the following:
- Irreconcilable differences
- Your spouse is permanently incapacitated
Like a traditional divorce
The process for legal separation is similar in that if you and your spouse cannot agree on issues related to your divorce, then the court will get involved and decide for you. In addition, it is important to know that any orders made by the judge in a legal separation must be followed, just like a traditional divorce.
While there are many similarities in a legal separation and divorce, one of the key differences is that in a legal separation, both spouses are still married when the legal separation is finalized and neither spouse can remarry until an actual divorce is issued upon one of the spouse’s requests.
Why Choose Legal Separation?
Many spouses opt for legal separation for a variety of personal reasons, including but not limited to:
- Undecided
- Religious beliefs or preference
- Spouses choose to remain married because of their minor children
- Certain benefits (i.e. medical insurance benefits, Social Security, pensions, etc.)
- Tax benefits
There are many other reasons as to why spouses may opt for legal separation as opposed to divorce. If you are considering legal separation or would like to learn more about what may be best for you and your spouse, it is best to speak with a family lawyer in Los Angeles to learn your rights. At Beach Family Law, we understand that every case is unique and we treat it as such. There is no one-size-fits-all solution when it comes to family law and we take pride in providing excellent legal representation and guidance for every one of our clients. Contact our compassionate and knowledgeable legal team to speak with our Los Angeles family lawyer.