Separate, Not Divorce: Exploring the Benefits of Legal Separation in California
By: Aimée Hart
When a marriage reaches a point of no return, many couples turn to divorce as the solution. But did you know there's another option? Legal separation in California offers unique benefits that might make it the right choice for your situation. This blog post will explore five reasons you might consider legal separation instead of divorce.
Jurisdiction Requirements: Under California law, you must have lived in the state for at least six months before you can file for divorce. Legal separation might be the answer if you just moved to California and don't meet this requirement. By legally separating, you can live apart from your spouse and work on resolving your issues, and then convert the separation to divorce later on.
Trial Period: For couples unsure about ending their marriage, legal separation provides a trial period without the financial entanglements that come with divorce. In California, the date of separation is a crucial factor in determining the division of community property, so legal separation can be a smart choice.
Health Insurance: Health insurance is often offered to a spouse as a dependent. Once a couple divorces, this benefit is lost. If maintaining health insurance is a concern, legal separation might be the better option. With legal separation, you can still be considered married for the purpose of insurance coverage.
Citizenship: For couples where one spouse is in the process of obtaining citizenship through marriage, ending the marriage before citizenship is obtained can cause problems. In such cases, legal separation may be a preferable option. This way, the couple can still be considered married for immigration purposes, but live apart and resolve their issues.
Religious Beliefs: For individuals who hold religious beliefs that do not permit divorce, such as Catholicism, legal separation might be the only option. With legal separation, you can live apart from your spouse but still be considered married in the eyes of your religion.
It's important to note that even though a couple is legally separated, they are still considered married under California law. As a result, remarrying during this time would render the second marriage void.
In conclusion, legal separation in California offers a unique set of benefits for couples who don't meet the residency requirements, want a trial period, need to maintain health insurance, are in the process of obtaining citizenship, or hold religious beliefs that do not permit divorce. If facing these challenges, consider legal separation as an alternative to divorce. With the help of an experienced attorney, you can navigate this process and find a solution that works best for you and your family.