The Whys and Hows of Legal Separation

Legal Separation

A Legal Separation does everything a divorce Judgment does except that the parties remain married. Some people choose to pursue this rather than Dissolution for religious reasons. For others, tax advantages or health benefits are the rationale. If you are in the counties of Riverside or San Bernardino, divorce lawyer Julian Fox can help you.

The process is not much different than the divorce process and the sections of this website dealing with dissolution (Petition, Child Support, Child Custody, Restraining Orders, etc.) are applicable.

The Petitioner is the filing party. He or she should file the Petition for Legal Separation in the superior court of the county where the other party resides. If the other party lives outside of California, the Petition may be filed in the Petitioner's county.

After a the decree is granted, either party may petition for divorce by filing a separate case. When that happens, the court cannot make orders on issues that were already decided in the Legal Separation case.

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