San Jose Divorce Lawyer

What Separation Means

A strained marriage does not always end immediately in divorce. Many couples opt to separate, meaning that the spouses live apart from each other. Separation is not required grounds for divorce in California. Though it is often the first step towards filing for divorce, some couples use their time apart to regroup and remedy what is ailing their relationship.

A Legal Separation

In a legal separation spouses are ordered to live apart by the court, or it has been agreed upon in a written document by both parties. This agreement or order is what makes it considered “legal.”

The Legal Implications

Whether the separation is legal or informal, there is no requisite towards divorce. This means that the spouses may reconcile at any time and continue living together.

Dismissal

If there is a court action still pending after a couple has decided to reconcile and live together, that action needs to be dismissed. A dismissal means the case is taken off the list of active cases before the court. The court will automatically dismiss the case if nothing has been done on it after a certain period of time. Should divorce come into the picture later, either spouse can have the case re-filed.

Call a San Jose Separation Lawyer

If you are in a strained marriage, divorce does not have to be the first answer. Considering legal separation could be what is best for you and your family.

Contact San Jose legal separation attorney Daniel Jensen at 408-296-4100 for a consultation today.