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California Legal Separation Attorney

Representation Clients in Legal Separation Cases


Unsure whether they want a divorce, some people contemplate filing for legal separation instead. However, legal separation is not a trial separation and is not designed to give couples 'time out' if they are having marital troubles.

A legal separation is a lawsuit against the other spouse and proceeds just like a divorce, except that, in the end, the spouses are not divorced and are not free to remarry. However, once filed, the Court has jurisdiction (or authority) to adjudicate spousal and child support, custody and visitation, and community property rights and obligations.

It is appropriate to file for a legal separation only in a narrow set of circumstances. One example may be where a party does not qualify to file for divorce due to not meeting the California residency requirements (living six months in California and in a particular county for the three months immediately preceding the filing). Filing for a legal separation and converting it to a dissolution later assists a party to obtain a divorce in six months rather than waiting an additional six months until the residency requirements are met. A legal separation can happen immediately and there is no residency requirement.

Others seek a legal separation in order to remain eligible for medical insurance and tax benefits that would otherwise be lost upon termination of the marriage.

Ending a marriage is a serious business and the right option is important. Chavis Law Firm can explain your options, help you understand the process, and assist you in making the right decisions. Contact us to arrange a time for your private consultation.

Folsom Divorce Lawyer
What to bring on your first appointment
Will questionnaire
income/expense declaration
schedule of assets and debts
Notice regarding healthcare responsibilities

The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship or duty of confidentiality.