Legal Separation Attorney in , California

Legal Separation: Who should think about legal separation instead of divorce?

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People who should think about a legal separation rather than a divorce are people who no longer want to be married to the other person. Sometimes its religious reasons, people don’t want to have a divorce so that’s one group. Another group would be people who don’t necessarily want to get divorced and don’t even want to legally separate but there are financial considerations. If you are legally separated and your spouse becomes deathly ill you will not liable for those medical expenses. And sometimes that’s an issue for people who don’t have a lot of money where one spouse is very ill and is probably going to die and you don’t want to use all up all of the community assets on that person and then the surviving spouse has no money to care for themselves. So that’s another situation where a legal separation would be better than a divorce.

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Los Angeles, CA family law attorney Barbara J. Youngman talks about the potential benefits of legal separation instead of divorce. She explains that there are certain situations where individuals may consider a legal separation instead of a divorce. One such group includes individuals who, due to religious beliefs, prefer not to pursue a divorce. Another group comprises individuals who have financial considerations and do not necessarily want to end their marriage legally, but still wish to establish separate financial responsibilities.

One important aspect to consider is that in a legal separation, if one spouse becomes seriously ill, the other spouse is not financially responsible for their medical expenses. This can be particularly significant for couples with limited financial resources, as it helps protect the community assets from being depleted by medical costs, ensuring the surviving spouse has financial means to care for themselves after the other spouse’s passing.

It’s essential to understand that the decision between legal separation and divorce depends on individual circumstances and personal preferences. Consulting with a family law attorney can provide further guidance and help determine the most appropriate course of action based on your specific situation.

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