Law Offices of Catherine A. Schwartz
Free Consultations 951-335-0510
An experienced attorney committed to clients and the riverside community
Menu Contact

Legally separating may be better than divorce for your situation

Every situation is different, and while the romantic relationship with your spouse may be over, it does not necessarily mean you are ready to divorce. There are many situations where it actually makes more sense for two California spouses to delay formally ending their marriage and legally separate instead. Divorce is not always the only or best choice in every situation.

Legal separation is different from divorce in many ways. If you are considering this option, it is important for you to know how to protect your rights. When separating from a spouse, there is a legally enforceable formal agreement that outlines the terms of your separation. Like with any major family law decision, it can be beneficial to know and understand all of your options before moving forward.

The benefits

If you are considering legal separation, you may want to understand the following:

  • You will address the same issues in your legal separation agreement as you would in a divorce order.
  • You will retain your marital status for the duration of your separation period unless you decide to end the separation or move forward with divorce.
  • The terms of a separation agreement are likely to carry over to the terms of a divorce order, which is why it's important to get it right. 

The most important thing to note about a legal separation is that the couple will remain legally married, no matter how long they decide to live apart.

The reasons

There are many reasons why a legal separation is better than a divorce. Every case is uniquely complex, and your reasons are deeply personal. In many cases, people choose a legal separation for the following reasons:

  • Spouses can live apart while still sharing health insurance benefits.
  • You may have deeply held religious beliefs that prevent you from divorcing.
  • You can continue to jointly file taxes while legally separated.

If you are thinking about moving forward with a legal separation, you may want to first discuss this option with an experienced family law attorney. This is an important decision for your future, and you would be wise to fully understand the implications of this choice before you move forward. 

Divorce is not the only way to reach your goals for the future. An assessment of your case can help you see what legal options may be available to you and how you can make the best choices for your situation.

No Comments

Leave a comment
Comment Information
Safehouse Soroptimist - Best for Women RCBA - Riverside County Bar Association San Bernardino County Bar Avvo Client's Choice 2015 Avvo Rating 10.0 Superb - Top attorney Family

Free Initial Consultation

Contact us today for a free initial consultation. We promise to call back within few hours.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

email us for a response

Law Offices of Catherine A. Schwartz
6877 Magnolia Avenue
Riverside, CA 92506

Phone: 951-335-0510
Fax: 951-686-8195
Riverside Law Office Map