The Benefits of a Legal Separation

Any way you look at it, divorce rates are higher now than they have ever been in the past. And with higher divorce rates comes more stress over alimony payments, custody of children, division of property, and all the other myriad annoyances and irritations that go along with a divorce.

Fortunately, there is an alternative to a messy, unhappy divorce. While it can't cure all marriages, sometimes a legal separation can be enormously beneficial to a couple considering divorce. Separation allows you to experience what living apart again would be like, in order to help you better make the very difficult decisions that go along with filing for divorce.

The Two Faces of Separation

There are two main types of separation: informal separation and legal separation. A separation is when two married people have stopped cohabiting, while in a legal separation, lawyers and courts are involved in having the marriage legally declared a separation after the couple has already been separated in practice. So if you and your spouse are already living in different residences, you can file for a legal separation. Even while legally separated, you and your spouse are still legally married.

Why Separation?

Separation can give you and your spouse a taste of what a divorce would be like, without the finality of the divorce proceedings. Becoming legally separated does not mean you have to get a divorce; if you reconcile, you do not have to file any petitions to remain married.

Contact Us

If you or someone you love is considering a divorce and would like experienced legal counsel, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP, by calling 760-722-7646.

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San Diego Family Law Blog

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