Sometimes parties to a divorce in Sacramento wish to know if it makes sense to obtain a judgment of legal separation instead of obtaining a judgment of divorce. Assuming that the parties are unable to reconcile and save their marriage, we have found there are a few reasons to choose a judgment of legal separation.
Ordinarily, parties may choose a judgment of legal separation for health insurance reasons. Some medical plans will not allow one spouse to keep the other spouse on their benefits as a dependent if they are divorced. However, if they received a judgment of legal separation and are still legally married, then those plans may continue to allow the spouse to claim their spouse on their benefits.
The other major reason one party may choose a judgment of legal separation in Sacramento is due to religious convictions and fundamental opposition to divorce. In choosing a judgment of legal separation, this party will obtain custody orders, support orders, property division orders, and split up everything from the marriage, but otherwise leave the status of marriage intact. In theory this will allow the separating spouse to reconcile with their spouse in the future. If such reconciliation happens, then there is no need to remarry their spouse. The marriage can simply be resumed. However, we caution that there are some crucial legal issues involved with resumption of marriage and thus advise you consult with a family law attorney to discuss them.
If you are in a Sacramento divorce or legal separation case and you wish to review all of your options, please give our office a call. It is important that you have an attorney help you understand your legal rights and obligations in both areas of law.