Family Law

San Jose Divorce Attorney Discusses Legal Separation vs. Divorce

By Scott Sagaria

San Jose Divorce Attorney Discusses Legal Separation vs. Divorce

Even though a marriage is going under, some people are not ready to take the steps towards getting a legal divorce. This could be because the parties may want to reconcile or do not want to break their ties completely yet. However, the parties probably still want to protect their assets and no longer want to be formally together. Before making a decision on divorce a person should know the differences and ramifications of choosing a legal separation and divorce.

There are several significant differences between a legal separation and a divorce. For instance, spouses must agree to a legal separation. If not, a legal separation automatically becomes a divorce. Second, there is no waiting period. In the state of California, it takes six months to become divorced. However, a legal separation can happen immediately. Finally, there is no residency requirement for a legal separation. A spouse does not have to live in the state for six months before filing the action. Most importantly, a legal separation will not allow the spouses remarry in the future.

A legal separation is not an appropriate lawsuit to file simply because a spouse is unsure about a divorce. If a spouse does not want a divorce, the filing of a legal separation almost always ends up in the other party requesting a divorce. If there is hope of reconciliation, a party should not take legal action of any kind. Generally speaking, it is usually appropriate to file a legal separation only in a very narrow set of circumstances: Divorce is against the spouses religion and neither party plans on remarrying; the parties need to remain married for an additional period of time in order for one spouse to be eligible to claim an interest in the other's Social Security benefits; one spouse has significant medical issues which prevents him or her from obtaining private medical insurance; neither spouse has lived in the state long enough to file a regular divorce action.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Full post as published by California Family Law Blog on April 01, 2009 (boomark / email).