Legal Separation

San Diego County Divorce Lawyer- Mission Valley, Downtown, Banker’s Hill, Hilcrest, Mission Hills

Legal Separations

A legal separation is an alternative for filing for dissolution of marriage or divorce.  It is also different than an annulment case. Parties that choose a legal separation will have all of their assets divided and issues of custody, visitation and support determined; however, they will legally remain married at the conclusion of the process even after their judgment is processed.  A legal separation therefore provides an alternative where the parties on breakup of the marriage wish to avoid dissolution for religious or other personal reasons.

The grounds and procedures for a legal separation are generally very similar to that of a dissolution proceeding. However, except in cases of default judgments, both parties must agree to obtain a legal separation. Additionally, unlike a dissolution, there are no residency requirements to obtain a legal separation. Thus, if Husband and Wife have just moved to California and have only been living in California for 3 months, they may file for a legal separation but not a divorce. The parties may then amend the matter to request dissolution of their marriage once they have satisfied the state and county residency requirements.

Another very important difference between a dissolution and legal separation is the end result. In the end of a dissolution of marriage case the parties are returned to their single status and are free to remarry. However, once a judgment of legal separation is entered, the parties remain “married” under the law and thus cannot remarry.

For more information on obtaining a legal separation, please call our office at (619) 284-4113 to set up your free consultation.