Legal separation is different than a California divorce for various reasons. With these reasons come advantages and disadvantages for legal separation versus divorce. Depending on the relationship, a big difference between the two is that in a divorce, you are able to remarry whereas in a legal separation you cannot because a legal separation will not change your marital status. Being legally separated does not translate to being single and able to marry once more and would have to get a divorce to change that status.
Advantages of legal separation include the following:
• Regional Requirement: In California divorce it is required that you have lived in the state for at least six months to file for divorce. In a legal separation, there is no regional requirement.
• Timing: Legal separations take effect as soon as the separation is written, whereas a divorce takes six months to complete, sometimes longer
• Trial separation: Some couples are not entirely ready to divorce and with a legal separation, they are able to save time and money by going through a trial to see if divorce is really what they want.
• Similarities to CA divorce: Legal separation in California is very similar to a divorce where parties divide assets and talk financial issues, they arrange child custody and child support, and most parties live apart, just as in a divorce. The difference is primarily in the title.
• Religion integrity: Because a legal separation is not technically a divorce, the status allows religious parties to maintain integrity with their particular faith.
• Potential Benefits: A legal separation can in some circumstances allow the parties to continue with coverage under the other spouse’s plan. This is important to parties where one might have a chronic illness that prevents him or her from obtaining adequate health insurance.
To be well versed and clear on the details to legal separation, checking with an experienced California Lawyer before proceeding with the process is necessary.
Contact Thorsteinson Law Group to help you with your separation or divorce. We provide complimentary consultations, and are dedicated to helping you through the divorce process.