Steven M. Bishop Divorce Law Blog on Lawyers.com

People often misunderstand a California legal separation. Some may believe that it is a cooling off period or a cheaper and easier alternative to divorce. In fact, from a legal standpoint, the main difference between divorce and legal separation in California is that after a separation you may not legally remarry another person.

Legal separation—the details
In California, a legal separation involves all the same paperwork filed in a divorce and the parties must come to agreements on the same issues:

• Child custody
• Child visitation
• Alimony
• Property/debt division

Though more couples file for a divorce than legal separation, there are circumstances in which a San Diego legal separation may make more sense for you, including:

• Religious, moral, or ethical reasons
• Continued health or other insurance benefits
• No residency requirements
• As a preamble to divorce

If you do opt to pursue a legal separation, you should consult with an attorney to protect your rights. A separation agreement should be paramount in your goals. Working with your attorney to develop such an agreement entails providing financial information, including:

• Tax returns
• Pay stubs
• Deeds to property
• Mortgage
• Loans
• Retirement benefits
• Health benefits
• Monthly costs/expenses
• Bank statement

If you are a parent, detailed information about your children is also necessary for your attorney to help develop a good separation agreement. Issues regarding your children may include:

• Where your children will reside. Typically in custody matters, the court weighs the benefits of minor children remaining in the family home. Deciding ahead of time if this is a priority for your children helps when property/debt division issues arise.
• Future educational needs. Your children may be very young when you initiate separation proceedings, Considering their future educational needs can help ensure they are able to pursue their educational goals, including:
• College
• Vocational training
• Business training
• Special medical or educational needs. Children with special needs require more forethought to ensure their future is secured. Give a good deal of thought to what your special needs child may require five, ten, and even twenty years into the future.

Advice about your California separation

 
A qualified San Diego divorce attorney can answer your questions and help you sort out the legal issues and options in your separation.

The Law Office of Steven M. Bishop
591 Camino De La Reina # 1120
San Diego, CA 92108
(619) 299-9780