It may be true that you are having a difficult time in your marriage. Perhaps the situation has been unfavorable for an extended period. You have decided that something ultimately needs to change, yet you still feel a little bit of that something that was there when you first married your significant other. You may be surprised to discover that there is an intermediate step known as legal separation. No matter the reasoning, thousands of people annually choose to separate legally rather than divorce.Legal Separation as an Intermediate StepAs you may know, California is a "no-fault" state, meaning a dissolution of marriage does not need extenuating circumstances. Just stating you do not get along with no other contributing factors, known as "irreconcilable differences" legally, is enough justification to end a marriage. It also means that it takes only one person to call it quits, that no matter if one person wants to continue trying, if one is sure they will not change their mind, then a dissolution of marriage is valid. However, if neither party is prepared for the finality of divorce, they may opt for a legal separation instead. No one is free to marry again with a separation, yet they do still receive some of the same orders granted by a judge, such as:Child custody and visitation;Child support;Spousal/Partner support (alimony);Division of property; andDebt payment responsibilities.Top Named Reasons For a Legal SeparationA multitude of reasons exists for a couple to decide to separate legally instead of other alternatives. It is different for each family. However, some of the most often cited reasons include:A spouse can keep the benefits from the family health care plan, especially if it is under the name of the other party. Getting divorced typically terminates this coverage, dependent of the terms of the divorce;Some religious beliefs and do not approve of divorce, no matter the reasoning. Couples in these religions have the opportunity to live apart after a legal separation agreement, yet stay married for the sake of their religion;Military spouses gain benefits from the Uniformed Services Former Spouse Protection Act if they remain married for at least ten years.Marriages lasting longer than ten years qualify for certain social security benefits; andSeparation grants time for both parties to resolve their differences and continue their marriage or ultimately determine that divorce is the best solution for their situation.If you are struggling with a situation in your marriage or domestic partnership and are unsure if a dissolution of marriage is the best step for you, you may consider discussing the possibilities with a divorce and family law attorney. There is no pressure to make a decision immediately, and often the discussion in itself can provide a sense of relief knowing there are options for a resolution. If you are interested in speaking with a skilled San Jose, CA divorce attorney, The Law Offices of Steven E. Springer offers a free initial 20-minute consultation and backs their clients with over 30 years of combined experience. We offer three convenient locations in Morgan Hill, Fremont, and San Jose. Call us today at 408-779-4700. Sources:http://www.courts.ca.gov/selfhelp-divorce.htmhttp://www.courts.ca.gov/1224.htm#tab8688
