What do you do when your marriage is falling apart but the concept of divorce is unacceptable? The answer might be “legal separation.” Divorce isn’t really for everyone; often for spiritual or other personal reasons, a couple will prefer a legal separation as an option to a separation. A legal separation is similar like a divorce: parties divide assets and address monetary issues as in a separation; the parties framework child custody and child support as in a divorce, and the majority of parties live apart as in a divorce. The difference is in the name – the result is a “legal separation,” and not an actual “divorce.”.
Due to the fact that the parties in a legal separation technically stay “married,” they could not get in into a new marriage unless the first marital relationship ends either by death or an actual divorce.
Medical insurance is one practical reason that some couples opt to declare legal separation. If one party has a chronic ailment that prevents him or her from acquiring adequate health insurance, a legal separation may enable the parties to continue to be covered by the exact same strategy although they are living apart. Some insurance carriers do not enable legal separation to qualify a couple for continued insurance coverage, so you ought to contact a experienced California Family Lawyer before continuing on these grounds.
Unlike divorce, a judgment for legal separation calls for the consent of both parties. If one party wishes a legal separation, and the other party wants a divorce, the divorce will prevail.
A legal separation is acquired likewise to a divorce. One party must declare with a California Family Court for legal separation, all the proper documentation and financial disclosures have to be exchanged, and the Judgment needs to be given by the Court. This calls for almost all the exact same legal proceedings and due process as a full blown divorce.
The downside of a legal separation is that, because it needs the consent of both parties, either party might proceed with an actual separation at anytime, and this may cause the workload to increase.
If you would such as to get a legal separation, or if you would like to learn more about California Legal Separation, you ought to speak to a California family attorney for an assessment to find out about your rights and obligations.
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