For parties who are uncertain whether they want to terminate or dissolve their marriage, they can file a proceeding for "Legal Separation". Marital rights and financial responsibilities may be decided by the family law court in a Legal Separation without dissolving the marriage. The parties can obtain a Judgment of Legal Separation but that does not terminate their marital status, they are in law still "husband and wife" even though legally they have divided all of the community property estates and have resolved child support and spousal support.

Legal Separation is an alternative to Divorce and is generally sought out by the parties when there is a breakdown of the marriage. Some parties file for Legal Separation instead of Divorce for religious or other personal reasons when they do not want the legal status relationship severed. Some spouses who have come to a parting of the ways often seek a legal separation instead of a Divorce 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 spouse has a preexisting medical condition for which new coverage would not be obtainable by them or insufficient financial resources to cover the cost of replacement coverage.

A Legal Separation has many similarities to a Divorce. A Legal Separation will determine and settle the parties' property rights and financial responsibilities, both to one another and to their minor children. A Judgment of Legal Separation finalizes the issues of child support, spousal support, custody and visitation, community property rights, and obligations under the same standards and in the same manner as a Judgment for Divorce.

After a Judgment of Legal Separation, the parties are "married" in name only - without the rights and responsibilities that attach to marital status. The parties cannot enter into a new marriage unless and until the existing marriage is dissolved by death or Judgment of Divorce. In a Legal Separation, the spouses acquire no further community property and owe each other no spousal duties of care and support except as ordered by the court in their Legal Separation Judgment.

There is one roadblock to obtaining a Judgment of Legal Separation that is not found with a Judgment of Divorce. The Court may not enter a Judgment of Legal Separation unless both parties consent. If one spouse petitions for Legal Separation but the other response with a request for a Divorce, a Legal Separation many not be granted.

If the parties obtain a Judgment of Legal Separation and later decide to Divorce, they are not prevented from obtaining a Judgment for Divorce. The Court may grant a Judgment of Divorce on either party's later petition for Divorce.

Anita Gumm is an attorney who practices Family Law and Bankruptcy in Westlake Village. The Law Offices of Gumm & Green are located at 5743 Corsa Avenue, Suite 111 in Westlake Village. The phone number is (805) 577-7657 or (818) 707-4233.

By: Anita Gumm, Esq.

Top Divorce and Family Law Attorneys in the USA.

[Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article. ]