There are certain situations in which one or both spouses may prefer a legal separation rather than a divorce.
In legal separation proceedings the Court will address all of the same issues that arise in a divorce action, however, at the conclusion of the case the Court will enter a judgment of legal separation rather than a judgment of dissolution of marriage. After a legal separation has been granted the parties will remain legally married and will not be restored to the status of single individuals. Before either party to a legal separation proceeding may marry again the parties will need to take steps to terminate their marital status.
A legal separation may be preferable when one spouse has a pre-existing medical condition and needs to maintain insurance coverage through the other spouse’s employment or when neither party meets the residency requirement to file for divorce (six months residing in California and 3 months residing in the county of filing. When a petition for legal separation is filed, particularly when filed because the parties do not meet the residency requirements, the party filing the petition may later modify this proceeding to a dissolution of marriage or this relief may be requested by the responding party.
For more information on legal separation proceedings and to schedule a free one hour consultation please contact The Law Office of Matthew J. Rudy .