"Separated" Is Not the Same as Legal Separation
Many people mistakenly think that if they move out of the marital home and agree to live separate lives, they are legally separated from their spouse. The truth is that separation is a legal process that may require the services of an experienced lawyer.
In many respects, legal separation is very similar to a no-fault divorce. There is the same requirement for financial disclosure. Many, if not all, of the same issues that arise in divorce are addressed in a legal separation, including:
- Child custody
- Child support
- Alimony
- Division of marital property, assets and debt
In fact, one of the only substantial differences between divorce and legal separation is that the parties will be unable to remarry under a legal separation.
Legal separation is not always a precursor to divorce. There may be good financial or religious reasons why legal separation may be a better option than a formal divorce. Legal separation may also be an appropriate action if you do not meet the residency requirement for obtaining a divorce in California (six months in the state and three months in the county in which you would file). If you have decided that legal separation is the right choice for you — or if you are weighing your options and need honest answers and practical legal guidance — we can help.
Contact Us
Call the offices of Gemma V. Reyes, Attorney at Law, in San Jose at 408-292-6289 or contact us by e-mail now to schedule an appointment to discuss your case with a California family law attorney who has more than 10 years of experience in the negotiation, mediation and litigation of these matters.
