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The power of a Family Court Judge : Legal Separation or Divorce? What you should know

San Diego Divorce and Family Law Attorney, Paul Staley, released a new YouTube video answering the frequently-asked question: Legal Separation or Divorce? – and what you should know…

Many people have heard the term “legal separation” but do not really know what is meant by that term.  In the 21stcentury, slightly more than half of marriages are expected to fall apart.  Therefore, it really is appropriate and practical that a person have a decent understanding of what is meant by legal separation.

Legal Separations  are useful in a variety of situations that still apply to couples today. For a couple who have certain religious values, divorce might be out of the question due to those beliefs.  The more common reason today to obtain a separation, is to keep the health insurance benefits intact and at the status-quo. For older couple’s a legal separation may keep their social security benefit’ s at a higher level than filing for a divorce.  When  you file for separation a judge issues a separation order.  This is the same sort of decree or orders that you will see  issued in a divorce case. All  the same property questions, and asset questions are raised and discussed in a legal separation. Once again, the only real, significant different between a divorce decree and order or legal separation rests in the fact that the marriage itself is not dissolved or ended.

Costs Associated with a Legal Separation Case :

For some situations getting a legal separation can be the most long term cost effective thing for a couple to do . But, a  person who is interested in obtaining a legal separation needs to understand that the costs associated with a legal separation can be as much as the cost of a divorce.  For that reason, many people actually elect to pursue a full blown divorce as opposed to a legal separation unless there are some very good, solid reasons to obtain a legal separation.

Transcript of Paul’s Video

Legal Separation or Divorce?

Some parties separate, reconcile, separate, reconcile again… I think the record of my practice has been a couple that separated and reconciled four times before finally getting divorced. So then… the $64,000 question in family court was —- what is the day of separation? And the day a separation has huge, huge significance on division of assets, on what is post separation acquisition of assets or income, so no rule that you — that it has to be mutually agreeable, but as I mentioned, repeated separations and reconciliations can be confusing and really ratchet up the cost of divorce later on because it complicates things.

 Call us if you think we can help – (619) 235-4095

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