San Diego Legal Separation Attorney

When circumstances indicate that counseling, therapy, or other methods of informal mediation cannot ameliorate marital issues, the next logical step for many is to choose between divorce and legal separation. 

One of the fundamental reasons that a married couple 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 often provides a couple the distance needed from each other to more honestly and carefully consider a divorce, but it does not end a marriage. Though rights and obligations of each side are clarified under the separation order that is determined, the marriage still legally exists (for this reason, people who separate legally may not marry a new spouse without breaking bigamy laws). A legal separation has many of the same aspects of a divorce; for example, a legal separation is litigated in the same way as a divorce. A trial may be required for a legal separation. For this reason, a legal separation attorney is beneficial to help mediate with both parties. In certain aspects, legally separating does emulate a divorce, namely in that many of the grounds for a separation are the same as those for a divorce.

Common Reasons for a Legal Separation

When a divorce is an unsatisfactory option, a separation may be appropriate. A separation is sometimes sought in order to satisfy religious requirements, often for individuals who prefer to maintain the vows promised on their wedding day but wish to live separately. In other cases, given the difficulty many children have accepting the idea of their parents’ marriage ending, a divorce might be postponed and legal separation pursued in order to wait until the child is more equipped with the proper faculties to handle such significant lifestyle changes.

Another reason for a legal separation is so that one spouse can remain on the health insurance plan of the other spouse, or a mutual reaping of the financial benefits endowed to those in marriage. Another reason for a legal separation is to shield the spouse from the debts 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. Because of this, a legal separation can be obtained immediately.

A San Diego Legal Separation Attorney Will Advocate for You

As noted above, 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. Pursuing a legal separation does allow the married couple to proceed and address specific issues, including:

If you choose to proceed with a legal separation, the professional and meticulously dedicated team of lawyers at Neumann Family Law, APC will help you with all applicable issues pertaining to your case, including those listed above.

At Neumann Family Law, APC, We Offer Complimentary Phone Consultations With Our Legal Separation Attorneys

If you wish to discuss your case, call Neumann Family Law, APC 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.

Call today
to set up a
telephone consultation.


(619) 282.1107
(760) 480.8400


Neumann Family Law, APC

3333 Camino Del Rio South
Suite 140

San Diego, Ca 92108

  • This field is for validation purposes and should be left unchanged.