Legal Separation

Orange County Lawyer- Legal Separation

A legal separation is an alternative for filing for dissolution or divorce. Such proceedings involve the separation of finances, yet the parties remain legally married. A legal separation 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 a dissolution of marriage case once they have satisfied the state and county residency requirements.

Another 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 may remarry. However, once a judgment of legal separation is entered, the parties remain married and thus cannot remarry. The parties finances and assets have been divided, yet they remain “married” under the law.

For more information on legal separations, click here.