Divorce and Separate Maintenance Proceedings in San Diego California

San Diego CA Divorce Lawyers – Family Law Attorneys

Filing for a dissolution of marriage in the state California is a big and permanent step, and aside from the obvious central issue at the heart of the matter, which would be the growing incompatibility of the couple involved, there other matters to consider. Married couples enter into a romantic and emotional partnership, but they also become engaged in a financial and legal partnership as well as a parental one. So the matter does not begin and end with how well the couple are getting along. This is one of the reasons why many couples will decide to file for a legal separation rather than a dissolution of marriage.

One purpose of a separation is to provide the couple who are feeling a strain on their marriage with some distance so they can peacefully reflect on the causes of the conflict and attempt to gain a renewed perspective with the hope of a possible reconciliation. Many attorneys would advise couples who are seeking this kind of “breather” to simply separate informally without entering into any legal contracts. Legal separation is more of a logistic decision for couples that are seeking much of what a permanent dissolution of marriage provides without legally ending the marriage. This can be due to religious affiliations that do not recognize divorce, to retain married status for the purposes of retirement benefits, or for insurance reasons. It is worthwhile to note that unlike a dissolution of marriage, a legal separation is a contract that must be mutually agreed upon by both parties.

Simply put, separate maintenance serves the same purpose as spousal support or alimony when couples are separated rather then permanently divorced. It is a payment made by one party to the other, and if the period of legal separation was to lead to a divorce, it would be replaced by a spousal support order or agreement. Separate maintenance is a part of many legal separation agreements, but it can also be agreed to or ordered by the court when a couple is engaged in a dissolution of marriage proceeding that has not yet become final.

For more information about divorce and separate maintenance proceedings contact a San Diego CA family attorney for a free consultation.