Westlake Village Separation Lawyer
How is Legal Separation Different From Divorce?
It is important to understand that legal separation does not mean the marriage
is over. The main difference between legal separation and
divorce is that divorce is absolute and considered the final step. In California,
legal separation works in very similar ways to divorce, however, you cannot
marry another person unless you are divorced.
A skilled Westlake divorce & family attorney can assist you with filing
for legal separation and help you understand your legal options. Some
couples use legal separation as a trial period to get an idea of what
life will be like if they divorce or to decide if divorce is the right
decision. This is also the time to settle terms about issues such as
child custody and visitation, which are often similar to the way divorces are handled.
The Benefits of Legal Separation
Legal separation allows couples to split up the responsibilities while
still married, but living tier lives separate from each other while also
maintaining legal rights. Some choose legal separation for a variety of
reasons, such as religious beliefs. There are several other benefits that
may be better for your personal circumstances.
Here are some of the key elements and benefits of legal separation:
- The terms of separation are similar to a divorce. Each couple has the chance
to decide whether or not he or she can continue living with the terms.
- You do not need to maintain California residency for 6 months prior to
filing, as opposed to divorce.
- A spouse can continue to receive insurance coverage from the other spouse.
- One or the other spouse may still be entitled to certain tax breaks.
- Marital status is preserved in order to gain benefits, such as social security,
which requires a minimum 10 years of marriage.
- Your culture or religious beliefs do not allow divorce. Legal separation
can allow you to live life as though you are not married, but you can
still retain your marital status.
There are also some cases where a judge will need to order legal separation,
if, for example, one spouse does not wish to divorce and refuses to comply
with the proceedings. If you are the filing party, you have the burden
of proving to the courts that the marriage is “irretrievably broken”
and there is no chance of reconciliation as a result. I urge you to discuss
your case with a skilled and knowledgeable
Westlake Village family law attorney to iron out the details and find a plan that is most ideal.
Free Initial Consultation. Call My Westlake Village Family Law Firm Today!
With over 30 years of experience behind me, I,
Attorney Jeffrey S. Graff, offer you legal advice and results-driven legal services. I have previously
worked as Judge Pro Tem, as well as a mediator. I know how to handle difficult
and often contentious situations, especially involving legal separation
and divorce. I provide one-on-one counsel and give you undivided attention
as we work through your case.
My firm, the Law Offices of Jeffrey S. Graff has assisted clients throughout
the Ventura area, including Thousand Oaks, Westlake Village, Newbury Park,
and Calabasas. I am ready to help you—call today!