5 Reasons Legal Separation May Be a Better Option for You Than Divorce
Posted on: April 25, 2019
Many people assume that the first step in a divorce is to file divorce papers. This is true for many, but others consider a legal separation first. Keep reading to find out five reasons it may be the right choice for you. Then contact Kendall Gkikas & Mitchell, LLP at 909-482-1422 to set up a consultation and learn more about your options.
- You Do Not Want to Get Divorced
- You Don’t Yet Qualify for Divorce
- You Do Not Want a Fast Divorce
- You Want a Trial Separation
- You Want to Combine Finances
If you do not want to actually get divorced, whether for personal reasons or religious ones, a legal separation may be the best option. It allows for property division, child custody agreements, and other legal ways to separate. In the end, it has the same effect on independence as divorce does – except that you will remain legally married.
There are residency requirements that must be met in California to qualify for divorce. For example, you must live in the state for at least six months before filing, and in the county in which you file for divorce for at least three months. If you have moved and not lived here long enough to qualify, you can still become legally separated while you wait to meet the residency and other requirements.
Some couples do not want to jump into a divorce. They want to take time adjusting to their lives separately and understanding what their lives alone will be like. This helps them have a better idea of their needs for spousal support and other costs that may be included in their final divorce settlement.
Divorce is a final process. When you divorce, the marriage is legally over and the only way to change that is to get married again. If things are just not working with your spouse, but you are not entirely sure that you want to get divorced, then a legal separation may be a good option for you. It will give you a chance to find out if you really do want to be separated. If you decide that you do, then you can go forward with the divorce. If you decide that you don’t, then you can simply get back together.
It is not uncommon for both members of a marriage to need the other for one financial reason or another. Beyond assets and salary, healthcare costs, tax benefits, and other financial things can come into play. If you remain married but are legally separated, then you can file joint income taxes, use the other’s health insurance, and continue to share property such as vehicles and homes.
Is a separation best for you? Maybe and maybe not. To learn more about the pros and cons, contact Kendall Gkikas & Mitchell, LLP at 909-482-1422 for your legal consultation.