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Orange County Family Law Attorney

Separations Don’t Always End in Divorce

It’s true; separations don’t necessarily end in a divorce. Each case is different and this is why you need the wise advice of an experienced Orange County divorce attorney.

Generally speaking, a great number of people who are considering filing for divorce will opt to try a period of trial separation. While this may work, or may not, many couples feel it is worth trying given the number of years they may have spent together and if there are children involved.

Some people look at being separated as something that just “is,” an informal thing like moving in with a best buddy for “now” until things gets sorted out. This does indeed happen, but it’s not always the best way to manage the disintegrating marital situation. Put another way, it’s not always an informal deal and some couples prefer seeking legal separation under the auspices of a separation agreement drafted by an experienced Orange County divorce lawyer.

Separation agreements are typically written in such a manner that is beneficial to both parties. They are a way for the partners to separate without being legally divorced and without facing the emotionally devastating consequences of a divorce. Call it a stop gap measure to let the couple find the time to deal with their issues and either come to a resolution or decide divorce is the correct step for them.

Living apart may clarify many issues that had no chance of being resolved when both parties were living under the same roof. This way, time may heal the difficulties. In fact, the time apart may not result in divorce. Some separated spouses take the initiative to try their marriage once again.

If a couple does decide to do this, get back together after being separated, nothing has really changed. On the other hand, if they had chosen to go the divorce route, and then decided to remarry, the difficulties inherent in that kind of a situation are enormous. This is one of the reasons why talking to an Orange County divorce attorney makes sense.

If you’re faced with trying to decide whether to separate or divorce, only an attorney will be able to inform you of your rights and what would happen if you do choose to divorce. The attorney will also be able to draft a legal separation document.

You may be wondering why you need to bother with a legal separation. The answer is that its main benefit over an informal separation is that if there is no court sanctioned agreement, the spouse who left the house may be charged with desertion. The legal consequences of this if you have children are highly problematic in that you may be taken to court for abandoning the children. In some jurisdictions, you must have a legal separation agreement in place before the courts grant a full divorce. Check this with your Orange County divorce attorney before making any moves.

Remember that in situations like this, working together with your attorney is the quickest way to find a satisfactory resolution to the contentious issues you are both dealing with to get a divorce.

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California.  For more information or to schedule a consultation with Orange County divorce lawyer Gerald Maggio, contact The Maggio Law Firm by calling (949) 553-0304 or visiting

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.



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