The dissolution of marriage, or “divorce,” is a final and complete way for a couple to put an end to their relationship. Understanding the key differences between California legal separation vs divorce is important to knowing the extent of your rights.
The process for divorce includes two different parts. First, a divorce includes a negotiation period. During this phase, a family lawyer is hired to determine child support, property division, and more. The second part includes the actual divorce process, where the couple obtains a divorce decree in court. This officially marks that your marriage has ended.
Essentially, the procedures for legal separation and divorce are the same. The court will determine child support, custody and visitation, and property division, and there is legal paperwork to fill out for separation as well. However, in a legal separation, the court will not terminate your marital status, whereas if you divorce, your marital status will be considered over.
Since 2004, Edgar & Dow Family Law has worked exclusively in family law, representing individuals and families in some of the most important legal matters they may ever face. We serve clients throughout Southern California, including Riverside, Murrieta, Anaheim, and the surrounding communities.
Because of our targeted focus on family law, our firm has extensive years of experience to help resolve your case in a timely, efficient manner. Our team knows that no one gets married expecting it to end one day. We know how emotionally challenging divorce can be, not just for you, but for the entire family.
We operate under our core values of honesty, integrity, and real results. Our goal is to help you find peace of mind by handling the legal side of things so you can focus on you and your family’s well-being.
There are a few reasons couples opt to divorce instead of legally separate. These reasons can include:
While divorce may not have nearly as many advantages as separation, it’s important to remember that divorced couples can still remarry. While you’ll have to wait for your divorce to be fully finalized before submitting a marriage license, and though the legal process may be more complicated for remarrying, this is entirely possible. Despite the aforementioned conditions, some couples instead opt for legal separation rather than finalizing a divorce.
Unlike divorce, legal separation does not mean you’re no longer married. While the process for filing a separation order is very similar to the divorce process, the end result is much different. With a legal separation, you will still be married but will have property divided, support orders, and even custody and visitation orders.
So, procedurally, there is not much difference between legal separation and divorce. However, if the legal separation goes to judgment, then you will have to file a new case for divorce and pay the first appearance fee again.
Legal separation is also different from a California divorce because:
One of the most notable benefits of legal separation over divorce is that if you and your spouse do choose to divorce after being separated, your petition can be easily amended with little or no additional legal measures to take. On the other hand, couples can withdraw their separation agreement just as easily should the couple no longer wish to separate or divorce.
The most common reasons to choose a legal separation are:
Many couples who end up legally separating are more likely to reconcile. If a couple indeed reconciles, they can easily withdraw the separation documents and move forward with their lives without hassle. However, if one party files for legal separation and the other files for divorce, the case will proceed as a divorce unless there is an agreement otherwise.
At Edgar & Dow Family Law, we believe every family law case needs a personalized strategy and thoughtful legal advice. We refuse to take shortcuts for the sake of making our jobs easier. Every case is unique and needs a careful eye to determine realistic expectations.
Our firm has earned recognition for our dedication to the law. We hold a perfect 10.0 Avvo rating and have received the Client Distinction Award from Lawyers.com. We have also been named a “Top Lawyer” by Inland Empire Magazine, and in 2016, we were honored as one of the “Top 100 Family Lawyers” by the American Society of Legal Advocates.
Clients consistently share how our legal knowledge and honest advice make a lasting difference, whether it is a case involving child custody, property division, spousal support, alternative dispute resolutions, prenuptial agreements, or stepparent adoptions.
If you are facing legal issues involving child support, divorce, or legal separation, don’t try to navigate the California family court system alone. Let a trusted family law attorney take on the legal burden, so you can focus on your family.
A: Some couples may not know if divorce is the right option and instead opt to protect themselves financially. If they do end up divorcing, they can make the necessary changes at the right time. Also, if you want to assist your spouse and give them health insurance or another similar benefit, a separation will allow you to do this, unlike divorce. Also, some couples may wait until they reach Social Security benefits before divorcing.
A: Divorce is a finalized agreement that terminates a marriage, whereas a separation agreement means the couple is still married but not legally living together. A divorce also cuts off all benefits between spouses, such as health insurance, while a separation allows the other spouse to remain on their health insurance or similar benefit program. Divorce also generally has more legal criteria couples must pass, whereas separation is much easier to qualify and apply for.
A: When couples divorce, there are a few financial benefits they may be able to obtain. For example, divorced couples have more control over their finances after the divorce is finalized. As of 2020, in California, 70% of households had two parents present. Divorced couples with kids can control their finances so their kids have college funds for the future. For separated couples, financial control may be a concern for the couple, as well as how to fairly split their wealth.
A: You aren’t required to hire legal representation for your divorce or separation case, though attempting to navigate California’s legal system alone can be intimidating. Hiring a lawyer may cost a fair amount of money at the moment, but you may secure additional finances that can last much longer. Also, a lawyer’s knowledge and experience are essential in understanding and protecting your rights. While not mandatory, it’s crucial you consider hiring a lawyer to assist you.
Divorce or separation is challenging for any couple. Breaking off your agreement to commit to each other is no easy task, especially if the two of you have children you want to keep protected. We know how complex divorce laws in California can be, but you don’t have to navigate this challenging process by yourself. Our team at the Edgar & Dow is prepared to address your concerns and determine the most optimal path forward.
Please contact the Edgar & Dow to discuss the difference between legal separation and divorce. We’ll gladly assist you with any divorce or separation matters, as well as provide legal advice at any step of the process.
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