Are you and your spouse are considering a legal separation, but you’re not sure if it’s the right thing to do?
Your marriage is falling apart, and it may be easier to live separately than to keep living together as husband and wife.
California Family Code 2310 provides some legal protections to separated people but includes many ground rules. 805 Law Group divorce attorney offers experienced help with California legal separation. Contact us for legal advice for your advantage today.
5 Biggest Benefits of Legal Separation in California
We have outlined five legal benefits of a legal separation below.
It gives you space
You might not be prepared for a divorce even if your marriage isn’t functioning. You occasionally just require some time alone. Even though you are legally separated, the law still considers you married. Spending time apart from your partner can help you understand how a divorce will feel.
After being apart for some time, you can conclude that getting a divorce is the best option, but you and your spouse might later have second thoughts. Couples in that situation won’t have to be remarried if they choose to stay together, but they can still choose to split in the future.
It makes divorce less difficult.
Legal separation may seem unnecessary if you want to divorce, but having a separation agreement in place can still be advantageous. In this scenario, a separation agreement can expedite and simplify the divorce process. Because you have already determined how you will divide your assets and who will keep the house and have likely been living apart for some time, there should be no reason for this to be a problem or prolong the process if you agree.
If one party contests the divorce, for instance, because they’ve changed their mind about what was agreed upon, a separation agreement serves as crucial proof, despite not being legally binding. An agreement is a written contract rarely contested when drafted by an experienced family law attorney.
Your relationship does not have to end in bitterness simply because you are seeking a divorce. The court must be convinced of one thing to grant a divorce: that the marriage has irreparably broken down. To demonstrate this, the petitioner (the person asking for the divorce) can depend on one of the following five grounds:
- Adultery: one party has cheated on the other.
- Unreasonable behavior encompasses various actions, including alcoholism, abuse, and refusal to contribute to the household. The severity of the behavior is less significant than its effect on the petitioner, so long as you cannot be expected to live with them.
- Desertion
- Separation for at least two years
- A separation lasting at least five years.
If you and your spouse separate but remain faithful and do not desire to mention unreasonable behavior and other concern or issue (especially if the relationship ends peacefully), a separation agreement might provide evidence to the court that you’ve been separated long enough to meet the requirements for divorce.
Keep Your Spouse’s Insurance
Some people might worry they won’t have access to their spouse’s health insurance if they divorce. A formal separation can help you preserve your health insurance if you rely on your spouse for it and cannot obtain your own shortly. As a result, for many spouses, this is one of the critical advantages of legal separation.
Financial Benefit Considerations
Other financial advantages of being officially separated include preserving a spouse’s health insurance. Some couples find that staying together is worthwhile because of the tax advantages. Those who rely on their spouse’s retirement benefits may be required to remain married for a specific period of time, therefore, they may want to remain legally married but separated.
Religious and Cultural Beliefs
Many people are members of cultures and faiths that discourage divorce. These opinions do not, however, alter the possibility that a couple will not like living together. It permits married couples to coexist without being forced to obtain a divorce that goes against their moral convictions.
How Does Legal Separation Work?
Unlike divorce, a legal separation does not end your marriage. This is an option if one partner decides to proceed with a divorce after a term of legal separation. Most couples choose legal separation for religious or health insurance reasons or to spend time apart to assess if they want to pursue a divorce.
A legal separation agreement will also cover the same topics as a divorce agreement, including property distribution, spousal maintenance, child custody, and child support.
How Is Divorce Different From Legal Separation?
You ask to end your marriage when you file for divorce. You are still legally married even when you choose to live apart from your spouse when you acquire a legal separation. While you are officially separated, you cannot get married again.
When Should You File For Legal Separation?
If you are in a marriage and want to legally separate, you can submit a case and legal document as long as the legal grounds are met. Whether you’re also seeking child custody, visitation rights, or other connected issues, you can file a legal separation lawsuit with the help of your family lawyer.
Why Do Couples File For Legal Divorce?
The reasons why a married couple files for legal separation vary depending on the conditions of the marriage.
Some people prefer to go through the process of living a separate life without being bound by an unfulfilling marriage. Others do it to prevent a potentially contentious divorce in which one partner contests the property division and responsibilities. Many spouses have strong professional and financial ties with their partners and simply want peace of mind without a strong attachment.
In general, spouses decide to divorce due to competing goals. If they ignore their troubles together, continuing in a marriage may damage the relationship’s state and affect the entire family.
What Effect Does Legal Separation Have On Children?
Children will undoubtedly be affected when parents decide to separate. Setting up a plan to assist the kids in adjusting will be crucial. The parents might agree on child custody and visitation. Courts will typically approve a child support arrangement if the parents can agree. Some parents may disagree on who will care for their children and when. In these situations, the courts will intervene and decide what is best for the kids. The preference of courts is to maintain regular and ongoing connections between children and both of their parents.
However, if a single parent would be best for the child, the court will increase child custody in their favor. In making these choices, the courts will consider claims of marital violence, drug and/or alcohol abuse, psychological problems, and the child’s preferences.
How Can I Separate Legally From My Spouse?
You must follow the proper legal separation process to separate from your marriage officially. The procedure starts once you have gathered and filled out the necessary legal paperwork, such as the Petition and Summons. The relevant court clerk must submit your completed forms with a filing fee. After doing this, you must serve your spouse with a copy of the paperwork.
After presenting it to your spouse, they will have to respond. To assist the court in making critical decisions regarding your separation, you must complete financial disclosure papers. The court may approve the terms of your desired separation if your spouse does not contest it. You will need to employ mediation or go to court to resolve the matter if your husband contests the separation (and/or the terms you have suggested).
Is a Period of Separation Required in California Before Divorce?
In California, there is no requirement for a period of separation before filing for divorce. This means you can decide to divorce and file for divorce on the same day. You and your spouse do not need to separate before or after filing for divorce.
Even though you are not required to separate from your husband in California, being with your spouse during the waiting period may not be the most excellent decision.
The division of funds is decided from the day of separation; therefore, it’s critical to examine this and a good reason to work with an experienced attorney to identify when this date is and the implications for your case. The law office of 805 Law Group can help you determine when your property division in your divorce case started.
Contact our San Luis Obispo Lawyers now!
So how can you ensure that your legal separation case is as smooth and cost-effective as possible? There are a few things you can do on your own, but why not save yourself the hassle of figuring out the legal side of things alone when you can leave it to the professionals at 805 Law Group? Our San Luis Obispo family lawyers have years of experience in California law and have helped numerous people get through their legal separation.
We know what it takes to ensure your interests are protected, and we’re here to walk you through every process step. Contact our law office online or by phone today to schedule your initial consultation.
