Legal Separation • Agreements • Family Law
There are numerous instances when a marriage has failed, and the couple has no hope of resolving their differences. If religious beliefs, financial holdings or a closely held family business render a divorce unacceptable, a legal separation may be a workable option for some couples. If one or both of the parties elect, an action for legal separation can be converted into an action for dissolution at any time before judgment is entered.
As with divorce, in California, there are only two grounds for legal separation in California:
- Irreconcilable differences
- Incurable insanity
It is also worth noting that, unlike divorce, in a legal separation, one or both spouses/partners need only be a resident of this county at the time their case started, and there is no duration of residency requirement. Also, unlike a divorce, parties who are legally separated cannot re-marry. However, like in a divorce, the parties need to satisfy certain formalities and arrive at agreements regarding child custody, property division and support before judgment will be entered. If the parties cannot reach an agreement, a trial will be held before a judge.
An attorney can provide valuable assistance when you seek a legal separation in an irreparable marriage. At the Los Angeles and Irvine Law Offices of James T. Raetz, our family law practice regularly provides legal advice and guidance for clients exploring legal separation as an alternative to divorce. When you need legal help to regarding legal separation, call our law firm at (310) 292-3087 or (949) 623-8410 to arrange a confidential consultation in a private setting.