Many families considering divorce often choose to file for legal separation before they go through the divorce process. Filing for a legal separation begins the process of separating your assets, dividing child custody and living apart without the legal status of being single. If you and your spouse are considering filing for legal separation, you should consider contacting California uncontested divorce attorney, Matthew Murillo at Legacy Counsel.
Differences Between Legal Separation & Divorce
Legal separation is different from divorce in a way that you cannot remarry unless you have filed a divorce petition in court and a divorce judgment has been entered.
Legal separation helps you determine the following:
- child custody
- child support
- visitation rights
The key difference is that an individual who is legally separated is still “married” and does not maintain status of a single person. The legally separated spouses are not free to marry. Also, unlike divorce, legal separation takes effect immediately after it is ordered. If you are unable to divorce due to religious beliefs, cultural demands or health insurance reasons, then legal separation might be something you should consider.
In California, both you and your spouse will need to consent for filing for legal separation. If this is not an option, you will have to go the divorce route.
In the case of a Legal Separation, a separation agreement will be granted and is legally binding between you and your spouse. The agreement will also provide for the division of assets, child support, visitation rights, alimony and other legal issues.
Helping Families throughout California
Every case is different and deserves its own set of strategies and tactics. As your uncontested divorce lawyer, we’ll work with you to understand your goals, expectations and concerns. From there, we’ll work together to maximize the well-being for all parties involved – including children.