A legal separation is similar to a dissolution of marriage (divorce) as far as obtaining court orders regarding child custody and visitation, payment of spousal support and child support, division of assets and debts. However, a legal separation does not end a marriage. You can’t marry someone else if you are not divorced but only legally separated because a judgment for legal separation does not terminate marital status of the parties as husband and wife.

Couples sometimes prefer legal separation instead of dissolution (divorce) for religious reasons or in order to maintain eligibility of health insurance benefits, which is lost upon termination of the marriage.

In addition, you don’t need to meet California residency requirements in order to file for legal separation. However, upon meeting residency requirements, either party may later file an amended petition asking the court to dissolve the marriage.

After an entry of a judgment for legal separation the property acquired by either party is not considered community property. Additionally, the parties do not owe each other spousal duties of care and support.

For more information or to schedule a free consultation to discuss advantages and disadvantages of obtaining legal separation with a lawyer, please contact Law Offices of Liana Nazaryan in Glendale.