One of the reasons that a spouse files for a legal separation instead of a divorce is because one or both spouses are not certain whether they want a divorce. A legal separation gives the couple distance from each other to consider a divorce. Another reason is to shield the spouse from the debts of the other spouse. A legal separation has many of the aspects of a divorce; for example, a legal separation is litigated in the same way as a divorce. A trial is required for a legal separation; the court judgment makes it official. A legal separation does emulate a divorce in that grounds for a separation are the same as those for a divorce:
In a legal separation, the parties:
The most significant difference between a legal separation and a divorce is that a separation does not terminate a marriage or domestic partnership. There is no waiting period requirement for a legal separation, but both parties must agree to the separation. If one of the parties does decide to proceed with a divorce, a new cause of action must be filed to terminate the marriage. It does allow the married couple to proceed and address specific issues, including:
If you choose to proceed with a legal separation, Yelman & Associates will help you with all applicable issues pertaining to your case, including those listed above.
A separation is often sought in order to satisfy religious requirements. When a divorce is an unsatisfactory option, a separation may be appropriate. Another reason for a legal separation is so that one spouse can remain on the health insurance plan of the other spouse. Additionally, a legal separation may be desirable because there is no requirement to live in California for six months – the residency time requirement to file for a divorce. A legal separation can be obtained immediately.
If you wish to discuss your case, call Yelman & Associates at (619) 282-1107. A legal separation attorney will give you the opportunity to ask questions about your case to help you decide whether you wish to proceed with a legal separation or another option. We get results for our clients. As client advocates, we seek amicable, fast solutions. If we must take the case to court, we will aggressively and skillfully fight for your rights. We are compassionate, caring family law attorneys and we are ready to help you proceed in your life in the manner that is best for you.
. . . you went above and beyond the call. You were experienced, clever and did your homework . . . You researched and obtained more in court than what we asked for and we won, won won. A million Thanks. [UCCJEA]
I am exceedingly pleased with the results. . . your diligent efforts on my behalf will benefit my family not only now but in the immediate and long term future. I was very selective when choosing an attorney . . . I realize now how important that decision really was. . .[Divorce]
San Diego, CA
I had been through two attorneys . . . I needed a powerhouse in my corner. . .The true test was when we [went] into court . . . I walked out of the court room amazed with her talent and care. . . My only regret is that I didn’t have her from the beginning . . .
I am extremely appreciative for all you have done and continue to do for me. I truly believe someone was looking out for me when I found you to represent me at that horrific time in my life . . . You and you entire staff are the dream team and I am thankful for all you do!! Thanks to every one of you!!
San Diego, CA
Although I never plan to be in this situation again, I would recommend Yelman & Associates to anyone going through a divorce. Of the many lawyers I have encountered within the courthouse . . [you are] . . . one of the most competent, intelligent, and genuinely caring attorneys . . .
My wife and I would like to say thank you for the outstanding work you did for us. Words cannot give our appreciation justice . . . Your service and knowledge was second to none . . . We will proudly recommend you and your firm to anyone we know who may be in need of legal assistance.
San Diego, CA
Charles Kim Jr.
to set up a
Yelman & Associates
3333 Camino Del Rio South
San Diego, Ca 92108