Legal Separation Lawyers in San Diego
For some couples there may be situations in which a legal separation is preferable to a divorce. Legal separation is sometimes a temporary solution for couples uncertain whether or not a divorce is what they really want. It allows them to gain some space and test the waters before making the dissolution of the marriage permanent. For others, for whom divorce is not a possibility because of religious or cultural reasons, legal separation may be a permanent situation to a failed marriage. Although legal separation is handled much like a divorce by the courts, after agreements have been made, the couple is still legally married. Legal separation can be viewed as a trial period prior to a divorce or a substitute for a divorce, albeit one that precludes remarriage.
Legal separation is a legally binding agreement that outlines the rights and responsibilities of the spouses during the time that they are living apart from each other. It involves many elements of a divorce from the division of property, the family home, custody of children, asset protection, visitation rights, and spousal support. Legal separation must be agreed upon by both of the spouses.
Benefits of Legal Separation
There may be many reasons to choose legal separation over divorce. The main difference between legal separation and divorce is that after the terms have been settled, a divorce is final and cannot be undone. A legal separation may help couples reconcile their differences, or simply help them decide if a divorce is the right course of action to take.
Why Legal Separation instead of Divorce?
- Maintaining a marriage for religious reasons
- Providing a chance for couples to experience what their divorce would be like
- Continuing receiving spouse’s insurance benefits
- Retaining military benefits and/or tax benefits
- Protecting certain social security benefits
Legal separation may also be more appealing to some couples because it takes effect immediately after the agreement is filed. A divorce may take six months or longer in California, and so many couples opt for the quickest solution. No matter what, if both parties are satisfied with the terms of the agreement and would like to go through with a divorce after a legal separation, they can do so.
Assistance in Negotiating a Legal Separation
There are many considerations to be taken when it comes to deciding whether or not to end a marriage or a domestic partnership. It is extremely important to consult an experienced and knowledgeable attorney before proceeding with a legal separation or a divorce. If you are not sure if getting a divorce is the right course of action for you, legal separation is an alternative. The well-experienced family law attorneys at San Diego’s Boyd Law Firm are available to help you in making this critical decision.
If you are considering a legal separation, contact the Boyd Law Offices to arrange a time for a consultation with one of our skilled attorneys to obtain information and assistance in protecting your rights. We will help you draft a separation agreement with a property division and, when appropriate, spousal support, that meets your needs and allows you to maintain your current standard of living after you separate, and will work with you to negotiate a custody, support, and visitation agreement if you have children. Our lawyers are experts in all areas of family law and have helped many couples facing marital difficulties to find the solution that best suits their circumstances.
There is never a charge or obligation for your initial consultation. Contact us today.