Law Offices of Jeff R. Layfield

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Legal Separation

Unlike dissolution, marital rights and financial responsibilities may be adjudicated without dissolving the marriage in a proceeding
for legal separation. Also, many parties may choose legal separation due to the relatively lax jurisdictional requirements, as opposed to standard dissolution proceedings. 

Although separation proceedings can be maintained on the same grounds as dissolution actions a judgment of legal separation does not terminate marital status. It is an alternative to dissolution and is generally sought upon breakdown of the marriage where for religious or other personal reasons the petitioner does not want the legal status relationship absolutely severed.

Also, preservation of marital medical insurance is another big reason why parties may choose legal separation over dissolving their marriage. Up until the federal medical insurance guidelines of 2014, legal separation was a beneficial choice where a party had a preexisting medical condition (for which new coverage would not be obtainable) or insufficient financial resources to defray the cost of conversion or replacement of medical insurance coverage.

Legal Separation is similar to a dissolution of marriage in the sense that the spouses' property rights and financial responsibilities to one another and to their minor children, are the same, as well as adjudication of support, custody/visitation and community property rights and obligations under the same standards and in the same manner as a judgment of dissolution.

Essentially, the marriage bond stays in tact, and the parties may not remarry but, the parties may be entitled to child support, spousal support and division of community property.
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THE LAW OFFICE OF 
JEFF R. LAYFIELD
12121 Wilshire Boulevard
Suite 810
Los Angeles, California 90025
 

(424) 248-7364