Legal separation is different from divorce in a way that you cannot remarry unless you have filed a divorce petition in court and a divorce judgment has been entered. Legal separation helps you determine alimony, child custody, child support, visitation rights and all other related issues that might be addressed in divorce. The key difference is that an individual who is legally separated is still “married” and does not maintain status of a single person. The legally separated spouses are not free to marry.
If you are unable to divorce due to religious beliefs, cultural demands or health insurance reasons, then legal separation might be something you should consider. In California, both you and your spouse will need to consent for filing for legal separation. If this is not an option, there you will have to go the divorce route. You will need to file for legal separation where the process is very similar to that of divorce. A legal separation agreement will then be granted which is legally binding between you and your spouse. The agreement will also provide for the division of assets, child support, visitation rights, alimony and other legal issues.
Every case is different and deserves its own set of strategies and tactics. As your Irvine divorce lawyer, Attorney Raja Gill will personally meet with you and discuss your case. Mr. Gill will listen to the circumstances surrounding your case in detail, to understand your goals, expectations and concerns. He will then help you form an approach that will maximize your interests as they relate to finances, living arrangements or child support and/or custody.