Legal separation is often seen as the first step toward a divorce. While it can be that, there are other reasons for pursuing a legal separation than just a preparation for divorce. Peter Flanagan is experienced in all areas of family law within the state of California and will help you to better understand your options and what may be the best course of action in your situation.
What is a Legal Separation?
A legal separation is a way of temporarily separating the lives of a married couple without the finality of divorce. Often this is a good choice for a couple that has decided to live apart and give their relationship some time off. Often couples that take this step wind up getting a divorce, but some are able to come back together having learned from the experience. By legally separating instead of just living apart, couples can have an easier time sorting out issues such as child support and custody. Rather than arguing over these kinds of decisions, the court can decide what the arrangement should be and both parties can simply follow along with that ruling.
Also, there are some financial benefits to getting a legal separation. While legally separated you are still married, so you benefit from the tax breaks for married couples even though you are currently separated. Also, things like military pensions and social security benefits may be retained during a legal separation where they could be lost in a divorce.
Legal separation is not the right choice for every couple that is having trouble in their marriage, but it is a good option for some. Give our office a call to discuss your situation and receive a free consultation. Peter Flanagan would be proud to bring his knowledge to your assistance in finding the best possible resolution to this situation.