Legal Question in Family Law in California

Legal Separation

What are the implication of being ''legally separated''

vs an out right divorce???


Asked on 3/22/05, 11:06 am

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Legal Separation

In a general sense, a legal separation is a judicial process that does everything a divorce does in terms of allocation of assets and debts, establish child custody and visitation, determine child or spousal support, etc. The only difference is when you are finished with a legal separation, you are legally husband and wife and are not free to remarry.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 3/22/05, 11:41 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Legal Separation

Normally legal separation is pursued only in cases where one or both parties is a devout Roman Catholic (or other religious adherent) for whom divorce is against their religious beliefs.

Parties to a legal separation may not lawfully remarry until or unless they get a divorce or one spouse dies. In all other respects (property, support etc.) a legal separation operates identically to a divorce.

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Answered on 3/23/05, 3:34 am


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