When people are having trouble with their marriage, they often turn to divorce. However, in California, divorce is not the only option. Legal separation is also something to consider.
Divorce and legal separation are two legal processes that address marital relationships but differ significantly in their outcomes. For example, a divorce legally ends a marriage, dissolving it entirely. After a divorce, both parties are free to remarry. With a legal separation, the couple remains legally married but lives apart. There are legal agreements regarding property, finances, child custody, and support, as there are with a divorce, but they do not end the marriage.
Reasons for Choosing Legal Separation Over Divorce
Most couples choose divorce when ending their marriage. They may have exhausted all options and no longer want to be married. They may also want to divorce so they can date and remarry in the future. Divorce also allows a person to sever all legal and financial ties with their spouse.
However, some couples opt for legal separation. While it does not end a marriage, it is attractive to some couples for the following reasons:
- Religious or moral reasons. Some couples avoid divorce due to religious or personal beliefs. For example, some religions frown upon divorce or forbid it altogether.
- Financial benefits. Staying married may allow access to health insurance, military benefits, tax breaks, or Social Security benefits.
- Time for reconciliation. Couples might use separation as a trial period to determine if they want to reconcile or divorce.
- Avoiding divorce timeline restrictions. Some states have mandatory waiting periods before a divorce, so legal separation can act as a temporary solution. For example, before a couple can divorce in California, one of the spouses must have lived in the state for the past six months, including three months in the county where the case is to be filed.
Both processes have similarities, though. In both divorce and legal separation, assets and debts can be divided under court supervision. Both processes can include provisions for alimony, child custody, visitation, and child support.
The processes for legal separation and divorce are often similar. You use the same court forms and follow the same instructions. Both also involve legal fees, court filings, and negotiations. However, legal separation can sometimes be less expensive if the parties agree to terms amicably.
In short, choose divorce if you want to completely end the marriage. Choose legal separation if you want to remain married but establish clear terms for living apart.
Contact Us Today
Divorce and legal separation are options when a marriage becomes rocky. However, the outcomes are different, as one ends the marriage for good.
How do you want to proceed with your marriage? The Law Offices of Oliver Gutierrez can help.
Let’s discuss your case and your best options for moving forward. You can count on excellent communication and the highest level of client service. Se habla español. Schedule a consultation today by calling (650) 590-7675 or filling out the online form.
