WHAT IS THE ADVANTAGE OF LEGAL SEPARATION?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What is the advantage of legal separation in California? And what is the process?

ANSWER: There are a few possible advantages, but there are also disadvantages.

Possible advantages could include your ability to file for a legal separation before you are able to satisfy the 6-month residency requirement in California to file a Dissolution of Marriage action (you could thereafter amend the petition to seek a Dissolution as soon as the residency requirement is satisfied), continuation of health insurance coverage of a party received as an employment benefit of the other party (especially if the party needing coverage might not be able to qualify for other coverage after divorce), and for parties with a religious mandate not to divorce, they can, in a legal separation, resolve all issues that would be resolved in a divorce without getting divorced.

The process for legal separation is the same as the process for a divorce, except that you remain married after a Judgment for Legal Separation, and you will need to file, serve, and proceed with a separate Dissolution of Marriage Action in order to dissolve your marriage and become single again.

Disadvantages would include your having to file income tax returns either jointly with your spouse or as married filing separately (with its higher marginal tax rate), lack of ability to remarry, and the need to file a separate Divorce case to become single once again.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.