Legal Separation Lawyer in Orange County

Legal separation is an option which should be understood as another choice in marital dissolution. Though not as widely known as the word "divorce"- there are cases when "legal separation" is the preferable choice. Marc E. Mitzner is a dedicated divorce and family law attorney in Orange County who can offer you insight as to these two options.

Legal Separation vs. Divorce

What is the difference between legal separation and divorce?   The most basic difference is that a legal separation does not put an end to the marriage. It is not a marital dissolution -it is an agreed change in the obligations and responsibilities of each party. In a legal separation, the two parties remain legally married while choosing to live separate lives.  Through the Orange County Courts a legal document is created and approved that outlines the changes for each party. The issues addressed are the same, as in a full-fledged divorce.  Debt and property division, spousal support, child support and custody,visitation etc. are all a part of a legal separation agreement.

A separation agreement can protect your interests until a decision can be made to file for divorce. The legal separation can also be may set a precedence for the divorce may follow.  That is because a judge should your case go to a divorce Court in Orange County, is most likely to conclude that you were satisfied with the separation agreement and it should carry over to the divorce settlement.  That is one of the reasons that a legal separation should be looked at with the long term in mind and not a temporary agreement.

Other reasons to choose a legal separation over divorce may be reasons of religion or morals.  Many philosophies and religions frown on divorce and they are considered to be something unacceptable. A legal separation allows the parties to stay true to the ideals of remaining legally married. 

Another reason that some individuals have chosen to remain in a legal separation, instead of divorce is one that reflects our health system as it is now.  Some persons have agreed to a legal separation so that one or the other parties will not lose their health care.  There are some health companies which still recognize a separation does not end the marriage, and so, the health care benefits are not jeopardized. This may not be small matter when one or the other spouse's ma y is dealing with a major health issues.