You’ve probably heard the term “legal separation” often, and you may be unsure of what it really means under California law. As reported by People, Sean Penn filed for divorce from his wife Robin Wright Penn in 2007, dismissed the divorce a few months later, and later filed for legal separation in April 2009, only to dismiss this petition the following month. While this is described as the second time that Penn calls off his divorce, legal separation is not divorce, because a legal separation doesn’t legally end a marriage. So what does it do? If a couple decides to live apart without getting divorced, a legal separation provides the opportunity to resolve child support, custody and visitation, and spousal support through the court. Your assets and property are also divided, and after legal separation the property you acquire stops being community property, and debts incurred won’t be community debt. Sounds like divorce, except for the fact that since you’re not really divorced, you can’t remarry.
A Familyresource.com article provides guidance on how to “be smart about time apart,” discussing the different reasons couples choose to separate and how to handle the transition period. If you and your spouse decide to end the relationship, you may choose to legally separate instead of divorce for practical reasons, since to get a divorce in California (called “dissolution”) you have to meet a residency requirement that doesn’t apply to legal separation. Other times, it’s seen as an easier transition than divorce, while for some legal separation is elected for religious reasons.
Our San Diego attorneys are here to advise and protect your best interests throughout the legal separation process, both in court and through negotiations. If you’ve decided to legally separate and later choose to divorce, we’ll file the necessary legal papers with the court to modify the separation, and seek to change any other orders when needed. To reach us at San Diego Law Firm, call (619) 794-0243.
