LEGAL SEPARATION
If you are reading this article, your marriage has probably not lived up to all of your hopes and expectations. The good news is that although you vowed to stay married until "death do you part," the legal system contemplated otherwise.
In California, if you want out, you have two basic choices. The first and more permanent solution is divorce. The second, is legal separation. California is a community property state. The assumption is that the husband and wife contribute equally to the accumulation of wealth during the marriage, even if one party stays at home to take care of the children. If no agreement is made between the spouses, all property acquired during the marriage by the labor ofeither spouse is community property owned equally by both spouses. The marital economic community begins at marriage and ends at either the death of one spouse or when both husband and wife effect a permanent physical separation.
Although there is no need for either spouse to take any legal action to become legally separated, such as filing papers in court, or to even put the separation agreement in writing, it is highly recommended that a written agreement that meets certain legal standards be drafted and signed by both parties. The written agreement serves two functions. First, it can be used as proof of the mutual intent to be legally separated should one spouse dispute the legal separation. Second, the separation agreement, if drafted properly, can be used to divide all of the marital property, thus making the entire divorce process significantly less painful.
The major advantage to legal separation over divorce is that you have the option of reconciling your differences, and continuing your relationship as husband and wife without any further judicial intervention. If you became divorced and later decided to resume your marital relationship, you would of course have to get married again. Some lawyers recommend legal separation in order to maintain health care benefits and insurance. Most of the time, however, certain people for religious reasons, elect legal separation where divorce is not permitted. If you have any questions about legal separation or divorce, feel free to contact the Law Offices of Richard A. Marcus.