Separation versus Legal Separation

No marriage begins with the idea of ending in divorce or a legal separation, but many do.  What is the difference between separation and legal separation?

Being ‘separated’ is when a couple fights and one of the spouses moves out of the home for a while – until things cool down.

A ‘legal separation’ is filing papers (just like in a divorce) and going to court to appear before a judge.  The court may even award spousal and/or child support.  A legal separation is just like a divorce – except you are still married.

While legally separated, you can still preserve certain rights and benefits enjoyed under the marriage.  These include insurance coverage, pensions, and hospital visits.

If you are interested in pursuing a legal separation or learning more about your options, contact an experienced Orange County Divorce attorney who can help you get on with your life.