The Zarin Law Firm, APC is a full-service Family Law firm servicing all of the County of San Diego. If you have a divorce or legal separation issue, feel free to contact our firm by completing the form below or calling us at (619) 800-4189 to schedule a complimentary consultation.

Legal Separation vs. divorce

If you cannot (or do not want to) get a divorce, you can obtain a legal separation from the court.

Like with a divorce, when you get a legal separation, you can request orders, or agree with your spouse or partner, about custody and visitation, child support, spousal or partner support, division of your property, and who will be responsible for paying debts.

A legal separation, however, will not dissolve your marriage or domestic partnership. For all intents and purposes, you and your spouse (or domestic partner) will remain legally married in spite of the legal separation. Therefore, you cannot marry or enter into a partnership with someone else while you are legally separated (and not divorced).

Residency requirements: You can file for a legal separation in California if at least one of you is living in California. In divorce cases, a spouse must have resided in California for at least 6 months and 3 months in the County where they are filing.

reasons

There are a variety of reasons why a couple may decide to file for legal separation instead of divorce.

Here are several common reasons:

• They do not want to get a divorce but want to live apart and get orders from the court about money, property, and parenting issues.
• There is a tax benefit by remaining married.
• They do not want to get a divorce for religious reasons.
• They do not want to get a divorce because of their personal beliefs.
• One spouse may soon be eligible for the other’s social security benefits.
• They do not meet the required residency requirements to file for divorce in California, and they cannot or do not want to wait to get the process of separating started.
• They do not want to divorce because of financial reasons (like, to keep a spouse or partner on the other’s health insurance plan or to keep certain benefits that require a couple to remain married).

To get a legal separation, you follow the same basic process used for a divorce. Once enough time has passed so that you meet the residency requirement for a divorce, you can file an “amended petition” and ask the court for a divorce (if you want a divorce).

Bear in mind that it only takes one spouse to request a divorce for the legal separation matter to “transform” into a divorce matter. The State cannot force couples to remain married, even if one spouse is against it.

The Zarin Law Firm, APC is a full-service Family Law firm servicing all of the County of San Diego. If you have a divorce or legal separation issue, feel free to contact our firm by completing the form below or calling us at (619) 800-4189 to schedule a complimentary consultation.