What Is Legal Separation?

It can provide many of the same protections that divorce

Legal Separation Attorney in Newport Beach

Consider Legal Separation as an Alternative to Divorce

Are you and your spouse struggling to see eye to eye but hesitant to pursue a divorce? If counseling and other dispute resolution methods have failed to repair your marriage, legal separation may be a desirable alternative solution. While the process of legal separation is nearly identical to divorce, it can allow you and your spouse to live separate and apart from each other without losing certain financial benefits or facing religious scrutiny.

Whatever option you may choose, it is important you retain the services of a skilled attorney who can help you navigate through the legal complexities with ease. At Holstrom, Block & Parke, APLC, our Newport Beach legal separation lawyers are intimately familiar with the types of issues you may face and can provide the knowledgeable guidance you need to ensure a clean split. With prompt, professional service backed by more than 300 years of legal experience, our team can eliminate the guesswork of your separation and help you push forward with peace of mind.

Get in touch with us online today to review your legal options in detail.

What Exactly Is a Legal Separation?

A divorce is an irreversible filing which usually signifies the end of the line for married couples. However, couples who are unsure if divorce is the right course of action can pursue a legal separation which essentially acts as a trial-run of how things would be handled if it were an actual divorce, complete with all of the same steps and protections but without the finality. Spouses who file for legal separation will still technically be married but will be declared independent of one another without the responsibility for the other’s support, unless ordered by their separation decree.

Legal separations require spouses to solve all of the same issues as divorce, including:

What Are the Advantages of Legal Separation?

Though legally separated couples may not remarry until an official divorce is achieved, the status of still being married when everything is finalized can bring several benefits.

Advantages to legal separation include:

  • Legally separated spouses often do not lose inheritance rights
  • Parties may be able to maintain insurance or retirement benefits
  • It can help spouses avoid the religious and moral scrutiny of divorce
  • It can help spouses qualify for certain social security rules
  • Spouses can retain certain military benefits
  • Couples can test being “divorced” to see if it is what they truly want
  • No residency requirement
  • Legal separations take effect immediately

Discuss Your Case for Free

Regardless of whether you should choose to pursue a divorce, legal separation, or annulment, ending a marriage can be an extremely emotional experience – and it is not one you should consider enduring alone. At Holstrom, Block & Parke, APLC, our Newport Beach family lawyers understand what you are going through and can provide the steadfast support you need to get through this time of transition smoothly. From filing all necessary paperwork to negotiating with your spouse and their representation, we have what it takes to minimize the burden on your behalf.