Attorney k Counselor At Law
Fountain Plaza Office Building
23461 South Pointe Drive, Suite 350
Laguna Hills, CA 92653-1546
Telephone: (949) 206-9900
Call Toll-Free
1-877-77-DIVORCE
(1-877-773-4867)
The grounds for "legal separation" in California are the same as for dissolution: irreconcilable differences and Incurable Insanity. Couples sometimes choose legal separation instead of divorce for religious reasons, or to maintain coverage of an ailing spouse on the other party's medical insurance. Also, if the parties do not meet the residence requirements for dissolution, the action may begin as a legal separation and then be converted to a dissolution. Couples who obtain a legal separation -- even a court ordered one -- are NOT free to remarry.
If you and your spouse decide to separate, it is best to enter into a separation agreement or obtain a court order of separation. A separation agreement is a contract between you and your spouse that can provide for spousal support, child custody, time-share rights, child support, and a division of property acquired during the marriage. The agreement can be enforced by the courts if a party does not comply. If the parties later divorce, it may be incorporated into the divorce judgment.
If the parties cannot agree to a separation agreement, your lawyer may recommend that you obtain a court ordered separation. This requires a lawsuit, not unlike that for a contested divorce. The court may decide issues of child custody, time-share, support, and property division, as part of the separation proceeding.
See a lawyer to help you decide whether legal separation represents a viable alternative to divorce in your situation.
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