Is Legal Separation the
Right Decision for You?
There are still important legal advantages to filing for legal separation in California. At Haslam Perri Law Firm, our board-certified attorneys fully explain your options — separation, divorce, or annulment — so you can make the best decision for your situation.
Legal Separation — Ontario CA
Understanding Legal Separation in California
Although becoming increasingly rare in California family courts, there are still important legal advantages to filing for legal separation. In many cases, a separation allows you and your spouse to continue to remain married “on paper” — for purposes of health care, insurance, tax benefits, and other financial advantages.
In California, a person must be a state resident for six months before being able to file for divorce. If you or your spouse are not yet California residents, legal separation allows the property division process to begin immediately — while you wait to meet the residency requirement for divorce.
At Haslam Perri Law Firm, our board-certified attorneys fully explain the benefits of legal separation and how you can begin the process. Although a separation does not fully dissolve your legal marriage, it can serve your immediate legal needs and protect your financial interests right away.
Benefits of Legal Separation
"When you meet with us to discuss your circumstances, your attorney will fully explain the benefits of a legal separation and how you can begin the process — protecting your immediate legal needs."
— Donald Glen Haslam, Haslam Perri Law FirmComparing Your Options
Legal Separation vs. Divorce vs. Annulment in California
Understanding the differences between your options helps you make the best decision for your unique situation. Our attorneys explain all three — clearly and without legal jargon.
Annulment in California
What Is a Marriage Annulment and When Is It Available?
An annulment is a legal acknowledgement that the marriage contract never actually existed between the two parties. Unlike a divorce, an annulment does not end a marriage — it declares that the marriage was never legally valid from the beginning.
Like legal separation, an annulment must generally be agreed to by both spouses, or it will be treated as a divorce. In general, an annulment is very difficult to obtain if the marriage has lasted a significant number of years.
Because an annulment acknowledges that no legal marriage contract existed, there is generally no community property division and no spousal support. Annulments are most commonly sought to satisfy religious purposes — or when specific legal grounds exist.
Grounds for Annulment in California
Important: Whether you file for separation or annulment, if you intend to remarry, you will eventually need to secure a full legal divorce.
Client Testimonials
What Our Legal Separation Clients Say
"We needed to begin property division immediately but had not yet met the residency requirement for divorce. Haslam Perri filed for legal separation right away and protected all our assets. Expert attorneys."
"Donald Haslam explained every option clearly — divorce, separation, and annulment — without judgment. He helped me choose the right path. The process was handled with complete professionalism."
"I needed to maintain my health insurance coverage during a difficult period. Haslam Perri set up a legal separation that protected my benefits while we worked toward a final resolution. Outstanding service."
Frequently Asked Questions
Legal Separation and Annulment — Questions Answered
Clear answers to the most common legal separation and annulment questions in San Bernardino County. Call us to discuss whether a legal separation or annulment is right for your situation.
Legal separation in California is a court-ordered arrangement that allows spouses to live apart while remaining legally married. It addresses all the same issues as divorce — property division, spousal support, child custody, and child support — but does not terminate the marriage itself. The spouses cannot remarry while legally separated. At Haslam Perri Law Firm, our attorneys help clients in Ontario and San Bernardino County evaluate whether legal separation is the right choice for their specific situation.
The primary difference is that a divorce permanently ends the marriage, while a legal separation does not. Both legal processes address property division, support, and custody in the same way. Legal separation allows spouses to retain certain benefits of marriage — such as health insurance coverage, tax filing status, Social Security benefits, and military benefits — while living apart and resolving financial issues. To remarry after separation, you must obtain a full divorce.
Legal separation offers several specific advantages. It allows spouses who are not yet California residents to begin property division before meeting the six-month residency requirement for divorce. It allows spouses to continue filing joint tax returns, maintain health insurance and employment benefits, qualify for Social Security benefits as a married couple, and satisfy religious objections to divorce. Our attorneys fully explain all benefits based on your individual circumstances.
California requires that at least one spouse be a state resident for six months and a resident of the county where they file for at least three months before filing for divorce. There is no residency requirement for legal separation — which is why legal separation is often used to begin the property division process while waiting to meet divorce residency requirements. Our attorneys can file for legal separation immediately while you establish California residency.
An annulment is a legal declaration that the marriage never legally existed — it voids the marriage rather than dissolving it. Annulments are available only on specific grounds, such as fraud, force, underage marriage, bigamy, or incest. Because an annulment declares the marriage void, there is generally no community property division or spousal support. Annulments are difficult to obtain after a long marriage and are often sought for religious reasons. Our attorneys will explain whether your circumstances qualify.
Yes. If either spouse wants a divorce after a legal separation has been filed, they can amend the petition to request a dissolution of marriage instead. Alternatively, if a legal separation judgment has already been entered, either spouse can file a new action for divorce. All issues already resolved in the separation — such as property division — may be incorporated into the final divorce judgment. Our attorneys handle the full transition from legal separation to divorce when needed.
Discuss Whether Legal Separation Is Right for You — Free Consultation
Schedule a consultation with one of our experienced lawyers to discuss whether a legal separation or annulment is the right path for your circumstances. We will clearly explain all your options.