Contrary to popular opinion, legal separations have not become extinct under California law. There are still many reasons some persons desire to obtain a Judgment of Legal Separation rather than a Judgment of Dissolution (Divorce).
A judgment of legal separation does not terminate marital status. Legal separation is an alternative to dissolution and is generally sought upon breakdown of the marriage where for religious or other personal reasons the client does not want the legal status relationship absolutely severed. Sometimes a client seeks a legal separation instead of a dissolution in order to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. This can be a very important consideration where a party has a preexisting medical condition (for which new coverage would not be obtainable) or insufficient financial resources to defray the cost of conversion or replacement coverage.
Obtaining a legal separation is also an appropriate action when one of the spouses has not been a California resident for at least six months, or has not been in the United States for at least three months. By filing for a legal separation and converting it to a dissolution proceeding later, a party can obtain a divorce decree in six months, rather than waiting six more months after the residency requirements are met.
At the family law office of Thomas E. Bouman, Attorney at Law, we have been representing clients in obtaining legal separation judgments for over 25 years. We work closely with our clients to create legal separation agreements that meet their needs.
No comments:
Post a Comment