Legal separation is often a viable alternative to divorce, though it is important to understand that legal separation is a legal action that has consequences.  Couples unsure whether they want a divorce may want to explore a “trial separation” to see if they are able to work things out.  If legal separation is the right choice for you, the attorney’s at Jarvis, Krieger and Sullivan will handle your case with the same care and diligence as any other matrimonial law issue.

With a legal separation, the Court has the power to decide on any and all issues related to your marriage, except the status of the marriage.  This includes dividing up property, deciding who your children should live with and how much time they should spend with each parent, deciding how much support should be paid, and deciding who should pay what debts.  A legal separation proceeds just like a divorce, except at the end, the spouses are still married and not free to remarry.

Unlike a divorce which takes 6 months, there is no waiting period for a legal separation in the state of California.  Additionally, there is no residency requirement.  If one party files for a legal separation, the other party can, and usually does, files for dissolution of their marriage.  Perhaps the most important distinction compared to a divorce is that neither spouse can remarry until the parties are granted dissolution of their marriage.

Situations in which couples may find it advantageous to file for legal separation instead of divorce include:

	•	Religious reasons
	•	Eligibility considerations for one spouse wishing to claim a portion of the Social Security benefits of the other spouse
	•	Medical conditions that may preclude one spouse from obtaining private medical insurance
	•	Neither spouse meets the residency requirement in the state of California