Experienced Legal Separation Attorneys in San Diego, California

legal separation

Defining Legal Separation in San Diego

Deciding whether or not to end your marriage is a very difficult decision that often requires immense time and consideration. In California, there are three primary methods for ending a marriage: divorce, legal separation, and annulment. While divorce offers a permanent dissolution of your marriage, a legal separation allows for both spouses to separate without terminating their marital status.

The legal separation process is generally the same as a divorce process, but when the case is over, the parties’ marital status is still married.

Reasons For Legal Separation in California

Deciding which option best fits your particular situation will require the aid of a legal representative. At Fair Cadora, our divorce and family law attorneys can provide you with a comprehensive list of criteria to consider when deciding between a legal separation and divorce so that you can make an informed decision and maximize your potential for a positive outcome.

Some common reasons to consider a legal separation include:

In some situations, a couple may determine that a legal separation is preferable for their situation over a traditional divorce. Both parties must agree to opt for a legal separation instead of a divorce. If one spouse prefers a divorce over a legal separation, the proceeding will likely become a divorce.

The Cost of Legal Separation in San Diego

The cost of a legal separation in California can vary widely depending on a number of factors, including the complexity of the case, whether or not there are contested issues, and whether or not an attorney is hired. Here are some of the costs that may be associated with a legal separation in California:

Other expenses: Depending on your specific situation, there may be other expenses associated with your legal separation, such as the cost of appraisals for property division or the cost of hiring a custody evaluator.

The Timing of Legal Separation in San Diego

In California, divorces require a 6-month waiting period, however, legal separations do not require a waiting period. Your situation and dynamic with your spouse can greatly influence how long it actually takes for you to obtain a legal separation in San Diego.

Schedule a Consultation with One of Our Expert San Diego Legal Separation Attorneys

A legal separation may begin as a temporary separation, but can be a foundation for your divorce settlement if you or your spouse decide to go forward with a divorce later. At Fair Cadora, we understand just how complex this process can be on your emotional well-being. With over twenty years of combined experience, our family law attorneys can help you come to a decision that you can feel confident about. If you’re facing a legal separation issue and not sure where to start, contact one of our experienced San Diego divorce and family law attorneys to schedule a consultation.

Request Case Evaluation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

A woman shaking hands with a man at a desk.
filing divorce papers

Frequently Asked Questions

Legal separation in California is a formal process where spouses live separately and can obtain the same types of court orders as can be obtained in a divorce proceeding, but remain married. It addresses issues like spousal support, child custody, and property division without officially ending the marriage.

Unlike divorce, legal separation doesn’t terminate the marital status. Spouses are still married but live separately. This option allows for financial arrangements and child custody agreements without finalizing the divorce.

Typically there is no difference in cost or timeline for a legal separation vs. a divorce.

Yes, you can convert a legal separation to a divorce in the same proceeding if this action is taken before the judgment is entered. If the judgment has already been entered, then a new petition must be filed.

Legal separation addresses child custody and support, establishing arrangements similar to divorce. The court determines what is in the best interest of the child and child support and spousal support can be set, if requested and appropriate.