Do You Need a Legal Separation?

Friday, September 7, 2018 | 11:09 pm

Legal separation. Is it something you need when considering divorce options, and who is it recommended for? Let’s let California’s expert in family law tell us what he thinks.

Many people are confused by what a legal separation actually is, says attorney Donald P. Schweitzer. But the term means that a court has legally judged whether a couple can separate.

It’s not the same as a full-on divorce but does resolve issues such as child support and spousal support payment, attorney fees, who will own what property and who will have custody of any children involved.

Donald stresses that you will still remain married if you decide to go down the legal separation route. However, you will no longer have any marital rights. If you want to regain any marital rights, you will actually have to divorce and then remarry. So it’s not a decision to be taken lightly.

So why do people bother? Well, Donald has noticed that there are three main reasons. One is that people believe the marriage may actually get back on track and don’t want to divorce just in case.

Other people may not be able to divorce due to religious beliefs while some simply want to remain married so they can enjoy the benefits of joint health insurance. And lastly, some do it as a means of getting the court jurisdiction that they want.

Of course, as with any legal matter, Donald says that there are things to consider. No one should file for legal separation if they are trying to make a point. The procedure is a formal one and can easily result in divorce if one party chooses to opt for that.

The best piece of advice? Don’t do something that you may regret later on. It’s as easy at that.

The Law Offices of Donald P. Schweitzer are located at 201 South Lake Ave Ste. 800, in Pasadena. For more information call (626) 683-8113 or visit









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