In California, it is not necessary to do a Legal Separation in order to Divorce. In most cases, those who wish to divorce live separately. At times, couples may live in the same home, but do not live together as husband and wife. In any case, the date of separation is very important and needs to be part of any legal document whether it is a Legal Separation or a Divorce.
Most people opt for a Legal Separation for financial, religious or other reasons. However, a Legal Separation addresses all the issues that a Divorce would address, but does not allow for the parties to remarry. In order to remarry, the parties must Divorce.
In most cases, couples opt for Divorce so that they don’t have to go over the same issues twice. However, if, after speaking with the Legal Separation or Divorce Attorney, it is determined that a Legal Separation is more appropriate for the client, then it can be filed as such. Once filed, the client may opt for a Request for Order so that temporary orders for spousal support and/ or child support, custody and visitation can be addressed while the Legal Separation is in progress. It should be noted that most people wish to agree on their issues and have a Legal Separation Agreement prepared which would allow the parties to avoid a court appearance.
For more information on Legal Separation, please call Legal Action Workshop @ 800-HELP-444 (800-435-7444) or visit www.LegalActionWorkshopLAW.com .