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Yelman & Associates


San Diego Legal Separation Attorney

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 attorney is beneficial to help mediate with both parties. Legally separating does emulate a divorce, in that grounds for a separation are the same as those for a divorce:

  • Irreconcilable differences
  • Incurable insanity

In a legal separation, the parties:

  • May not remarry
  • May not enter into a new domestic partnership

San Diego Legal Separation Attorney Will Advocate for You

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.

Common Reasons for a Legal Separation

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.

Legal Separation Attorneys Yelman & Associates Offer a Complimentary Phone Consultation

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.

Call today
to set up a
telephone consultation.


(619) 282.1107
(760) 480.8400


Yelman & Associates

3333 Camino Del Rio South
Suite 140

San Diego, Ca 92108

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Yelman & Associates

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