Couples contemplating divorce in California may consider pursuing legal separation. While a divorce can take months to finalize, California family courts may grant legal separation. It’s important to keep in mind that in California, a legal separation is not an opportunity to work through issues with your spouse. Rather, legal separation encompasses much of the same issues as divorce. If you believe reconciliation can save your marriage, try counseling or mediation before seeking a legal separation.
If you believe that you and your spouse cannot work together to resolve your marital issues, the Riverside family lawyers with Bratton & Razo can help you reach a resolution that supports both of your needs. Learn more about legal separation in California before giving us a call.
Seeking Legal Separation in California
The key difference between divorce and legal separation in Riverside is that a marriage does not dissolve through separation. While the parties may divide their assets and debts, among other issues tackled in divorce, they may not remarry. Spouses may seek legal separation for several reasons, including but not limited to:
- Religious objections to divorce
- Insufficient residency to pursue divorce
- Maintaining eligibility for benefits
- Maintaining health insurance coverage
Couples in California may pursue separation in preparation for divorce. To pursue divorce during separation, additional documentation will need to be filed.
Pursuing Separation Instead of Divorce
The procedure for legal separation in Riverside is nearly identical to that of divorce. Unlike divorce, both parties must agree to a judgment for legal separation. When the parties agree to separation, they can immediately begin to live separate lives since there is no waiting period.
In a divorce, either the spouse seeking divorce or his or her spouse must meet a residency requirement which requires he or she to have lived in California for at least 6 months, and at least 3 months in the county where he or she plans to file for divorce. There is no such requirement for legal separation. Spouses can instantly split without dissolving the marriage.
Issues Determined in a Separation in California
Like divorce, separation in California requires both parties to make important decisions about the following:
Having these issues worked out through a legal separation action makes the final divorce easier in the long-run should the parties decide to officially terminate their marriage.
Riverside Separation Lawyers You Can Trust
At Bratton & Razo, your family’s future is important to us. If you are looking into legal separation in Riverside, our separation lawyers can help you get the process started to achieve the results you desire. Whether you wish to separate temporarily or permanently, we will work with you and your family to understand your values and long-term goals.
Call us for a free consultation at (951) 684-9000 or complete our contact form. An attorney will be in touch shortly.