Legal Separation
Tuesday, October 21st, 2008California law allows that either spouse may file for legal separation. You need to be aware that a legal separation does not mean the dissolution of a marriage, but instead provides for a legal option for those who are not prepared to legally divorce.
While many of the procedures for legal separation are the same as they are for divorce there are some things that cannot be changed during a legal separation including:
* Neither party is able to remarry since there is no divorce
* Health Insurance benefits cannot be terminated
Legal separations are seldom trial cases as it is generally not in the best interest for the parties to spend large amounts of money on a trial. Some of the positions that will be addressed in a settlement conference include:
* custody of minor children
* visitation rights of either parent
* child and spousal support
* legal fees and costs
* division of assets and debts
There are very strict time rules and discovery rules that apply for a California Legal Separation and you will need an attorney on your side who understands all of the laws that apply to your individual case. At Rizio & Nelson we take pride in understanding all of the legal separation laws in the State of California and we’re fully prepared to help you through the legal separation process.