When is a Legal Separation Appropriate?

Posted on : October 9, 2015
California Legal Separation Lawyer

In some cases, a legal separation may be more appropriate for a couple than a traditional divorce. What are the differences between a legal separation and a divorce, and how can you know which one is the best for your unique situation?

When You Have Religious Reservations Regarding Divorce

Some couples have strong religious beliefs that they should not get a divorce. In these cases, a legal separation may be more appropriate. A legal separation does not dissolve the marriage but still allows the couple to legally separate. It may be a solution for couples who have religious reservations regarding divorce.

When You Want to Keep Your Insurance Coverage the Same

In a traditional divorce, a spouse’s insurance policy is usually terminated once the divorce is finalized. This can leave one or both parties without adequate health or life insurance coverage. In the event that a couple wants to keep their insurance coverage and¬†separate, a legal separation usually allows them to do so.

When You Want a Trial Separation But Aren’t Ready for a Divorce

Some couples need some time apart to evaluate their circumstances and determine if they truly do want a divorce. A legal separation may afford them the time they need to discover whether a divorce is the best option, while allowing them legal freedoms that they would not otherwise have if they simply moved apart from each other.

When You Want a Divorce But Don’t Qualify Yet Under California Law

California law requires that a couple must meet certain requirements in order to get a traditional divorce, such as being a resident of the state for at least six months and a resident of the county that the couple wishes to divorce in for a minimum of three months. A couple who wants to separate but does not meet these requirements may be able to get a legal separation and then amend the agreement to a divorce once those requirements are met.

Contact an Orange County Divorce Lawyer to Learn More

Legal separations have many benefits, but there are also some caveats. An experienced Orange County divorce attorney can help you become better informed about what a legal separation entails and can help you determine what options are best for you.

Call the Law Office of Barbara E. McNamara today for a consultation to discuss your legal needs at (714) 740-2542.

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