Upland Legal Separation Attorney

Difference Between LEgal Separation and Divorce in California

The primary difference between legal separation and divorce is that marital status remains intact even after a legal separation is made official.

Similar to dissolution of marriage, however, in a legal separation the court assesses such issues as child custody or visitation, child support, spousal support, division of the estate, and division of debts and attorney fees.

If a legal separation is obtained, neither spouse can remarry or enter into another partnership because their marital status will remain the same. Some couples choose to seek a legal separation in order to try time living on their own and dividing their assets as a way to ascertain if divorce is what they really want. Others choose legal separation rather than divorce for religious reasons, to keep tax or military benefits, or to reach the 10-year requirement for certain Social Security benefits.

Why choose separation?

Couples who have not lived in the country for three months and in the state of California for at least six months may also choose to pursue a legal separation until that time is reached because the law requires these thresholds as residency minimums before a divorce. There is no residency requirement for legal separation, and unlike divorce - which can take six months or more - legal separation can take place right away.

Their goals are to strive for the simplest route possible while always being prepared to pursue further litigation if it is in the client's best interest; to let the client know that the personal details surrounding the case will remain confidential; and to ensure that the client is in the best possible position to move on with his or her life once the case is resolved.

Are you considering legal separation in Upland, California?

A trusted attorney can help lead you through the legal challenges of separation and give you the support and advice you need to make the process as smooth as possible. With over 27 years of experience, Ms. Romeo at the Law Offices of Heidi H. Romeo, APLC has become adept at fostering strong relationships with many family law clients throughout the Inland Empire.