Legal Separation as an Alternative to Divorce

Mission Viejo Family Lawyer Guiding You Through Your Decision

Whatever the reason for separation, it can be a viable option for couples that do not yet wish to obtain a divorce but want to live apart. Additionally, in a legal separation the couple's assets, debts and responsibility for making different parenting decisions are divided up. For some couples, it is a test run to determine whether or not they want to file for divorce later down the road. Neither partner is allowed to remarry or seek out partnership with another individual while they are legally separated, but not yet divorced. Both individuals are allowed to seek out spousal support, child custody, visitation rights and other items that are commonly dealt with in divorce cases.

Reasons to Pursue Legal Separation

If you are confused whether divorce or legal separation is the right path for you, allow our Mission Viejo family law attorney to explain some of the more common motives involved.

Legal separation may be a viable option if one of the following applies to you:

  • Religious reasons stand in the way of obtaining a divorce
  • Personal values or beliefs are an obstacle for getting a divorce
  • Residency requirements for divorce cannot be met according to California State laws
  • Financial reasons such as health insurance or other benefits will be lost for one of the spouses if divorced

Following a similar process as divorce, legal separation may be the perfect option for those that eventually wish to dissolve their marriage, but currently cannot do so because of certain state laws. The California Family Code §2321 states that that an individual can file for separation and then file for dissolution of marriage after the 6 month/3 month residency requirement is met. This residency requirement states that at least one of the spouses or partners must reside in California for a minimum of 6 months, and in their particular county for a minimum of 3 months before getting a divorce. Legal separation allows for couples who are waiting on their residency requirements to still be able to live separate lives in the meantime.

Over Ten Years Securing Positive Case Results in Orange County

No matter how complicated your current situation is with your spouse or domestic partner, The Hunter Law Group can work with you to come up with a solution. Protecting your rights, assets and future during a legal separation or divorce is our primary goal. We realize that family law issues can be emotionally and financially draining. Allow us to provide you with a case evaluation to get you started on your way towards a favorable outcome. Our client testimonials speak to the fact that we have been successful time and again with past individuals and families throughout Orange County.

Contact us today at (888) 844-9281 if you are seeking a legal separation in Mission Viejo!