What is a Legal Separation?

Legal separation is a method of dissolving a marriage while maintaining some of the benefits of marriage. The couple is still legally married and, therefore, both parties must follow an established agreement. But each legal separation comes with its own unique matters and considerations to address in the agreement. The agreement can also address matrimonial issues such as living arrangements, child support, child custody, spousal support, and division of assets.

The Benefits of Legal Separation

There are many financial reasons that a couple may choose to legally separate rather than getting a divorce.

For example, if the couple agrees to a legal separation, they are still able to file taxes as a married couple which can also save a lot of money in the long run. The couple can also retain benefits including medical coverage and other healthcare benefits as they are still legally married. Legal separation comes with many financial benefits, but it only works as long as the couple does not remarry.

How can I get a Legal Separation in California?

In California, a legal separation does not end a marriage or domestic partnership but rather results in the courts deciding on the rights and responsibilities of each spouse. To commence the process for legal separation in California, a spouse must file a petition, pay a filing fee, serve the petition on the other spouse, and file financial disclosures with the court. Unlike with a divorce, which follows a very similar process, there is no residency requirement for a legal separation.