3 Benefits of Legal Separation

Pros of Legal Separation in California

Often, couples are not ready to go through the divorce process and choose to look into alternatives before completely ending their marriage. For those who aren’t ready to end things for good, a legal separation may be a better choice.

Legal Separation in California

You may be wondering, what is a legal separation, and does paperwork need to be filed? The short answer is, yes. A legal separation involves the court and requires both parties to make an agreement. In this case, an attorney would be instrumental in helping you argue the terms of the separation agreement, as well as filing the necessary paperwork on your behalf.

The separation agreement is the first stepping stone to ironing out the issues that will come up in your divorce, and can help you begin to arrange the following agreements:

1. Childcare and Support

   You and your partner may not be prepared to agree on issues related to your children. Use this time to plan a routine for your child’s care when they’re with your spouse.

   Discuss details of custody arrangements once your divorce is final. You can arrange the time you’ll have the kids, their day-to-day activities when they’re with you, medical needs, file for child support, and more.

2. Residency Requirements

   Separating gives you or your spouse time to meet California’s residency requirements in order to file for a divorce. You have to live in California for at least 6 months before you can file, so separating can prolong the time you need to meet the requirements.

3. Benefits

   If you are in need of your spouse’s benefits and you can’t get your own during or after a divorce, separating first can keep you on their benefits until you can get your own. Legally separating could help you retain certain military benefits or health insurance.

   You could also keep your spouse’s social security benefits if you’ve been married for at least 10 years.

Legal Separation Attorneys in Roseville

There are numerous benefits of filing for a legal separation before getting a divorce. We recommend that you gather as many facts as possible from a trustworthy source before taking the leap alone.

If you’re looking to explore your options contact Creative Family Solutions, Cianci Law, PC at (916) 797-1575 for more information.