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What you need to know about filing for separation in California

| May 11, 2021 | Legal Separation

In California, an alternative to divorce is legal separation. This process is different from divorce, although they both result from irreconcilable differences between you and your partner. You can also file for separation if your spouse is permanently incapacitated and you come to an agreement that separation is the best way forward.

Reasons for legal separation

Couples that choose legal separation instead of divorce usually do so primarily because of personal reasons. For instance, some religions forbid divorce, regardless of the grounds.

Additionally, some couples choose to separate but remain married for the sake of their children’s stability. Other individuals choose to separate legally because they cannot meet the minimum divorce residency requirements.

In extreme cases, couples choose the legal separation route to remain in their partner’s health care plans and insurance covers. However, sometimes this may not work if the legal separation constitutes a disqualifying clause.

Advantages of legal separation in California

Here are a few pros of legal separation:

  • Legal separation gives room for reconciliation. There is a high chance of reconciliation when couples separate. Many times, couples use this time to seek help from marriage counselors. They also use this tie to evaluate themselves and their marriage from an outside perspective.
  • With a legal separation, you can still receive health insurance from your spouse if he/she is registered.

Disadvantages of legal separation

Here are a few cons of legal separation:

  • Legal separation procedure is just as taxing and emotionally draining as the actual divorce procedure.
  • Financial responsibility remains a joint venture with a legal separation even though you would wish to cut financial ties with your partner.

Note that if you wish to remarry sometime in the future, a legal separation may not be the best option. Before you decide to separate with your spouse, weigh your options and see if a legal separation is the best way forward.