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Legal Separation in California

How to Get a Legal Separation in California

Quinn & Pulley, APC was founded in 1977 and is devoted to helping clients reach effective solutions for their various family law matters. When spouses come to the conclusion that their marriage is no longer working, but are not ready to officially dissolve the marriage, they may instead opt for legal separation. If you are interested in pursuing the route of legal separation, it may benefit you to contact our highly experienced and recognized Rancho Cucamonga legal separation lawyer.

How Is Legal Separation Different from Divorce?

Contrary to common belief, a legal separation does not actually end a marriage or domestic partnership. Rather, legal separation is used by individuals who do not wish to get divorced but want to live separately and set terms for matters pertaining to finances, property, and children.

Advantages of legal separation include:

  • If your religion does not support divorce, legal separation allows you to keep your marital status.
  • Taking the time to live apart can help a couple realize if divorce is the most suitable course of action.
  • You can continue using the benefits provided by your spouse's insurance plan.
  • You can retain certain military benefits.
  • Remaining married to meet the 10-year requirement can allow you to qualify for certain Social Security benefits from your spouse.
  • Spouses are able to protect themselves financially
  • You can receive tax benefits by continuing to file taxes jointly.
  • If, at a later point, you choose to file for divorce, your separation agreement can be converted to a divorce agreement.

In California, before filing for divorce at least one spouse must be living in the state for at least 6 months, or 180 days. Unlike divorce, legal separation does not abide by a residency requirement. If you file for a legal separation, you may also be able to file an amended petition later asking the court for a divorce once you have met the residency requirements.

Like divorce, legal separation allows you to ask the Judge for orders regarding child support, child custody and visitation, spousal support, domestic violence restraining orders, and more. The main difference between a divorce and legal separation is that with a legal separation, you do not have to ask the court to terminate your marital status.

Board Certified Family Law Specialist

Attorney Quinn is a board certified specialist in family law, which deems her as a true expert in her legal field. With such qualifications, our founder is able to fully assess an individual's situation, and help them determine the appropriate course of action. We recognize that every case is different, and we ensure every client is provided with the amount of personalized attention and supportive counsel they deserve.

We understand that what you are going through is personal, and you can trust that you will be provided with the individualized attention, compassion, and respect you deserve when you work with us. After getting to know you, your current situation, and your specific goals, we can help you determine if legal separation is the most suitable course of action for you.

Call (909) 922-2028 to Schedule Your Free Consultation

Our firm thrives on creating results-driven strategies, and we do everything we can to ensure our clients reach the results they desire. For more information about legal separation or to schedule your free case evaluation, be sure to contact our firm. Providing services to clients throughout Rancho Cucamonga and Ontario.

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