A legal separation is the filing of a lawsuit against which gives the court the power to decide on any and all issues related to a marriage. These issues include property division, deciding custody and visitation, debts of the marriage, and support matters.
The Difference Between Legal Separation and Divorce
A legal separation progresses just like a divorce, with the notable exception that the spouses are not divorced. The are several significant differences between a legal separation and a divorce. For example, spouses must agree to a legal separation, otherwise the legal separation will automatically become a divorce.
Another difference between legal separation and divorce in California, is that there is no waiting period. In California, it takes six months to become divorced. However a legal separation can be achieved immediately.
When is Legal Separation Necessary?
Legal separation should not be seen as an alternative for parties that are not sure about divorce. Filing for a legal separation is typically appropriate only under certain circumstances. A legal separation is typically appropriate where divorce is against the spouses religion, and neither party plans on remarrying; the parties need to remain married for financial benefits; or to remain covered on the other spouse’s insurance.
Call Wallin & Klarich Today
If you or a loved one is considering seeking a legal separation, hiring an experienced family law firm is the best way to ensure your rights are safeguarded.
Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at (888) 749-7428 or go to our website at www.wkfamilylaw.com for more information.