Benefits of Legal Separation

Although nobody likes to think about their marriage ending, it is important to prepare yourself for a legal separation if that is the path you plan on taking. Rather than jump directly to a divorce, legal separation offers both parties a way to protect themselves legally in the case of a divorce, all with the possibility of reconciliation.

When you go before a court to ask for a legal separation, you are legally declaring that your marriage is unsuccessful. At that point you will then be asked to divide your property, establish child support payments and custody arrangements, petition for alimony and establish who assumes what debts. 

The benefit of legal separation is that the spouses can retain some of the rights that they enjoyed under marriage. For example, hospital visitation rights, insurance coverage and pension benefits will remain the same during the period of separation. If one of the spouses does decide to remarry during the period of separation, a petition for divorce must be filed with the court. In the case that both parties want to attempt a reconciliation, they simply need to end the period of legal separation. 

Have questions about legal separation?  Contact our legal team to receive help from a Riverside family law attorney.