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In San Diego, when parties are married, there are several ways in which there marital status will terminate. One is certain if they continue to be married: the passing of one of the spouses. Some spouses, however, terminate their marriage before death. The decision to file for a nullity, divorce or legal separation can have far ranging consequences. There are, in San Diego County, also petitions filed in San Diego Superior Court for both void and voidable marriages and there is also a category known as putative spouse. When your marriage ends and not due to one of the parties being deceased, then you have a choice to make when you petition and each has advantages and disadvantages: divorce; legal separation or annulment. This article focuses on the decision to file for a legal separation.
A legal separation in San Diego County allows a couple to live separately without bringing their marriage to an end. A legal separation is a petition and complaint and is filed in the San Diego Superior Court as is a divorce or motion for nullity. Many couples resort to a legal separation for a number of reasons, some being:
However, while a legal separation allows a couple to live apart without ending a marriage they still have to resolve issues much like in a formal divorce. Typical issues which are to be decided on and which reflect in a separation agreement are: Division of marital assets and debts
The separation agreement can be used as a draft agreement if divorce is to follow. It can be, in fact, a prelude and if the couple eventually decides to divorce, the Judge may conclude that if the separation agreement was fair and worked well during the separation period, it could well be the blueprint of a divorce settlement which remains in perpetuity.Advantages of Separation over Divorce
While there is remarkable similarity between a legal separation and divorce, separation has some distinct advantages over divorce. These are:
If you are contemplating divorce or marriage dissolution, you can avail of the services of Doppelt and Forney, APLC whether you are a resident of California or not if your family law case is being litigated in the San Diego Superior Court. This experienced family law firm practices out of San Diego and provides all legal services relating to divorce and separation including uncontested divorce, apart from the complete gamut of family law issues. The firm provides a free in-person or virtual consultation to help you know your rights and where you stand.