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Legal separation. A legal separation is granted in the form of a court order . Furthermore, in cases where children are involved, a court order of legal separation often makes temporary arrangements for the care, custody, and financial support of the children ("for the time being"). Thus, part of the court order determines child custody.
More Options. A legal separation, is a court order that mandates the rights and duties of a couple while they are still married, but living apart; in a divorce, the spouses are no longer married. Legal separations aren't too common, but can be helpful especially while the spouses work through any personal or financial issues affecting the marriage.
A legal separation occurs when the court formally declares you are separated. Not all states offer legal separation as an option, so it is important to determine your state’s laws. If legal separation is permitted in your state, you can get a legal separation by submitting a separation agreement.
Completing a Divorce or Legal Separation Summary Dissolution Summary dissolutions are a simpler way to get divorced for married couples and registered domestic partners.
California Legal Separation Laws. While legally separated parties are still married, they have the benefit of enforceable court orders separating their finances or directing the custody and support of any children. They also may be able to retain certain marital benefits such as health or life insurance.
A legal separation has the same procedures as a divorce, so is no shortcut, either procedurally, or financially. But in the end, the spouses lack the finality of a dissolution, and have a hybrid status wherein they are treated as married for some purposes, but divorced for others.