LEGAL Separation is an alternative to a dissolution or divorce. Although a legal separation can be maintained on the same grounds as a dissolution action i.e. irreconcilable differences, a judgment of legal separation does not terminate marital status. In other words, the parties cannot remarry.
Most people pursue this alternative action due to religious or other personal reasons. For example, parties may not want the legal status relationship absolutely severed because they would like to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. This can be very important where one of the spouses has a pre-existing medical condition (very difficult to have medical coverage since it is a pre-existing condition) or a party has insufficient financial resources to replace medical coverage.
Just like a dissolution proceeding, a legal separation conclusively determines and settles the spouses’ property rights and financial responsibilities towards each other and the family. In other words, community assets and debts will be adjudicated as if the parties are in a dissolution proceeding. Moreover, the issues of custody, visitation and support are all adjudicated just like in a dissolution proceeding. In effect, after a judgment of legal separation, the parties are “married” in name only, without the concomitant rights and responsibilities that attach to marital status.
However, there is one potential stumbling block to a judgment of legal separation that is not encountered to a judgment of marriage dissolution—–both parties must consent to legal separation. Thus, if one spouse petitions for legal separation but the other spouse responds with a request for a dissolution, a judgment of legal separation cannot be granted by the court. The case must therefore be a judgment of dissolution.
Although both spouses must consent to a legal separation, it is still worth discussing with each other to determine if a judgment of legal separation is more beneficial as opposed to a dissolution of marriage. In some instances, the termination of marital status can adversely affect the interests of both spouses which spouses do not want affected at all and only a judgment of legal separation would protect those interests.
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Ethelene F. Salas, Esq. is a practicing family law attorney. Ms. Salas is a Filipino-American born in the Philippines, raised in the United States, and speaks Tagalog fluently. The Law Offices of Ethelene F. Salas is located at two locations – the main office at 100 N. Barranca St., Suite 700, West Covina, CA 91791 and affiliated offices at 18000 Studebaker Road, Suite 700, Cerritos, CA 90703. To schedule an appointment with her, please call (626) 858-4646 or visit www.EFS-Law.com.
