Your Top Legal Separation FAQs Answered

While many people are familiar with divorce, legal separation is a court-ordered procedure that offers similar protections without officially ending the marriage. People choose legal separation for various personal, financial, or religious reasons. Discover how our team can help by contacting our Alameda County, CA legal separation lawyer today!

Can We Legally Remarry After A Separation?

No. A key distinction of a legal separation is that it does not terminate your marital status. Although the court issues orders regarding property division, spousal support, and custody, you and your spouse remain legally married. Because the marriage is still intact, you cannot legally marry another person until a full Judgment of Dissolution (divorce) is granted by the court. If you want to remarry, then you’ll benefit from working with our divorce team.

Does A Legal Separation Divide Our Assets And Debts?

Yes. In California, a legal separation proceeding addresses the division of community property and debt in the same way a divorce does. The court will enter formal orders that permanently divide all assets and liabilities acquired during the marriage up to the date of separation. Once these orders are finalized, any property or debt acquired afterward is considered the separate property of the person who obtained it.

Is There A Residency Requirement To File For Separation?

No. Unlike filing for divorce in California, which requires at least one spouse to have lived in the state for six months and the filing county for three months, a legal separation has no minimum residency requirement. As long as one spouse is currently living in California, we can file a Petition for Legal Separation. Our attorney graduated from Golden Gate University School of Law, and he can make the legal separation process less stressful.

Can A Legal Separation Provide Spousal Support?

Yes. A court can award spousal support (alimony) in a legal separation case just as it would in a divorce case. The purpose, amount, and duration of the support are determined based on the same factors, including the length of the marriage, the earning capacity of each party, and the standard of living established during the marriage. If children are involved, we can also help spouses establish a fair parenting plan.

Is The Legal Separation Process Always Faster Than Divorce?

No. While a legal separation does not have the mandatory six-month waiting period that a divorce does, the process itself is nearly identical. You must still file paperwork, exchange financial disclosures, and resolve all issues related to property, debt, and, if applicable, child custody and support. If you and your spouse agree on all terms, the process can be finalized quickly, but this isn’t always a guarantee.

Legal Help Is Available

Choosing between divorce and a formal separation is a major decision that carries significant legal and financial consequences. Having a clear understanding of your options is pivotal to protecting your future. Contact our Attorney Bernie today, and benefit from our decades of legal experience! We’re always available to talk, and we’re eager to schedule your initial consultation!