Some individuals who separate from their spouse, for a number of reasons do not want to obtain a Judgment of dissolution of marriage, but want more than to just be physically separated.  They therefore choose to obtain a Judgment of legal separation from the Court. In this manner they are still married, but have a judicial decree which makes it clear that they are legally separated.  Like a Judgment of dissolution of marriage, a Judgment of legal separation is obtained on a no-fault basis, by alleging that the parties have separated and have “irreconcilable differences.”  The Court in a legal separation action, can also decide all of the other issues that it can in a dissolution of marriage action.   That is, the Court can decide issues of child custody and visitation, child support, spousal support, division of community property and community property obligations, restraining orders, and allocation of attorney fees.   If a Judgment of legal separation decides all of these issues, and one of the parties later decides he or she wants to be divorced, that party would file a dissolution of marriage Petition to decide the one remaining issue of the parties, that is, the termination of their marital status.

Parties choose a legal separation Judgment rather than a dissolution of marriage Judgment for a variety of reasons.   Some parties are not totally sure that their marriage cannot be saved, and want to see if they can resolve their marital differences while having the protection of a Judgment making it clear that they are legally separated.  In other cases, one party, who for health or other reasons cannot obtain his or her own medical insurance, is covered by the medical insurance of their spouse, and if the parties were to divorce, that medical insurance coverage would terminate.

If both parties have appeared in the action, they must agree that a Judgment of legal separation be issued by the Court, or the Court will not order it.  This is in contrast to a dissolution of marriage action, where only one party need desire their marital status to terminate.

In representing my clients, I make sure to discuss all the options available to them, so they can be fully informed and make the best possible decisions in their cases.