Legal Separations in the State of California

If you need to speak with a California attorney about the process for obtaining a legal separation, Steven M. Bishop, a Certified Family Law Specialist can help. 

We represent people throughout Southern California in a wide range of family law matters, including legal separations in San Diego.  If you decide later in the process that you need to get a divorce, we effectively handle divorce cases.

To help people learn more about their rights and options, we offer a free consultation and case evaluation.  To schedule a consultation at our law office, please contact us.

What is Legal Separation?

A legal separation is an alternative to divorce for people who don't want to end their marriage but can't continue to live together.  After petitioning the court to recognize their separation, a couple is legally separated. 

Living apart does not constitute this.  California recognizes legal documentation of separation through court ordered separation agreements.
 

What is a Separation Agreement?

A separation agreement is a legal document which details specific issues such as spousal support, child support, and living arrangements that is agreed upon by both parties. 

A legal separation attorney will assist and create the applications to the court so a judge can officially sign the agreement.  If this document is not court ordered, you will have no legal protection.

How is it Different from a Divorce?

A divorce is a final end to a marriage relationship allowing each party to marry a new husband or wife.  Individuals who are legally separated are still married and may not remarry. 

The proceedings are very similar as the husband and wife develop their own agreements regarding division of property, child custody, visitation, spousal support, and more.

Although there are many similarities between legal separation and divorce, one common reason for a legal separation is to retain eligibility for medical insurance that would be lost with marriage termination.

How do I proceed?

If you are in limbo and have been living apart, it is strongly recommended that you have some form of legal separation agreement. 

Having an attorney guide you through the process and advise you on your rights is an important first step.  

To speak with a lawyer, please contact our law office in San Diego CA, call toll free 619-299-9780, or fill out our online contact form via email.