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If you are seeking a legal separation from your spouse, we recommend that you contact our firm to arrange a consultation with an attorney at your earliest opportunity. We can provide the legal advice and guidance you need to resolve the terms of your separation as well as draft and file your separation agreement with the courts.
Legal Separation in California
Unlike a divorce, a legal separation does not terminate a marriage. It is an alternative to a divorce in which husband and wife retain their marital status even though they do not live together and the marriage has broken down. A legal separation is similar to a divorce in that all of the same issues must be resolved and adjudicated, including child custody and visitation, spousal support, child support, and a division of community property, rights and obligations.
A legal separation may be preferred to a divorce in some cases for religious or economic reasons, such as to retain medical insurance that would otherwise be lost in a divorce. Both parties must agree to a legal separation and to its terms. If one of the parties responds by requesting a divorce, then the legal separation may not be granted by the courts. A legal separation is not a necessary prerequisite to obtaining a California divorce.
An Irvine legal separation lawyer at the firm can assist you in working out the terms of your separation agreement with your spouse. Our firm provides mediation services which can facilitate the resolution of any issues, such as those involving children or marital property and debt. For some couples, a legal separation sets the stage for a later divorce while leaving the door open to the possibility of a resumption of the marriage.