Legal Separation

Legal Separation

If you cannot or do not want to get a divorce, you can ask the judge for a legal separation.A legal separation does not end a marriage or domestic partnership. You cannot marry or enter into a partnership with someone else if you are legally separated (and not divorced). If you ask for a legal separation, you may be able to change to a divorce case later if you meet certain requirements.

A couple may decide they want to file for legal separation instead of divorce because:

  • 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.
  • They do not want to get a divorce for religious reasons.
  • They do not want to get a divorce because of their personal beliefs.
  • 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 (Ex: to keep 1 spouse or partner on the other’s health insurance plan or to keep certain benefits that require a couple to remain married).

Just as with a divorce, when you get a legal separation, you can ask the judge to make orders about:

  • Custody and visitation;
  • Child support;
  • Spousal or partner support;
  • The division of your property; and
  • Who will be responsible for paying debts.
  • If lawyers are involved, you may be able to get orders about who will pay their fees.
  • You can also ask the judge to make other orders about things like domestic violence.
Contact Dream Law today for a free consultation on the facts of your case!

(626) 993-6725, Available 24 hours/7 days a week

Office Location

155 N. Lake Avenue, Suite 800
Pasadena, CA 91101

*Source: www.courts.ca.gov

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