Often, potential family law attorneys in Orange County and other parts of California wonder whether they should seek dissolution of marriage (i.e., divorce) or legal separation. The two are very different actions and must be carefully considered before a lawsuit is filed. Both legal separation and divorce involve a couple living separately with a particular legal agreement. Legal separation is a situation in which you no longer live with your spouse, but remain legally married. However, it is not just a matter of living apart, as it is a specific legal agreement. Divorce is the most definitive option if you are no longer legally married. At first glance, the date of separation seems quite simple to identify. In consensual situations, you and your spouse may have reached an agreement on a specific date on which you expressed or communicated your intention to no longer live as a married couple. For example, you may have worked with a mediator to create a written agreement that clearly states when you both decided the marriage was over. In such cases, the courts will consider your specified written date as the date of separation.
It is important if you are separated from your spouse to legally separate with a formal written agreement. A written agreement addresses issues of the spouse`s debt for which you may be held liable during the separation. You`ll have less paperwork, fewer hearing dates, and it will be faster for you. This is a simplified resolution. It does not necessarily require an appearance before a judge. You and your spouse agree on how to divide your property and debts and file an agreement with these decisions as well as a divorce application and other forms. Often, people file a legal separation in the hope that health insurance will continue if the parties are legally separated but not divorced. For this reason, careful research must be carried out before applying for legal separation. In most cases, health insurance companies are not contractually obliged to take out health insurance for the self-employed spouse in the event of a separation judgment. If you decide to divorce, there is a certain procedure that you must follow. A divorce (also called « dissolution of marriage » or « dissolution of domestic partnership ») ends your marriage or domestic partnership (or both if you are both married and live in domestic partnership with your spouse). After your divorce, you will be single and you can get married or become a living partner again.
While legal separation goes through many of the same deposits as divorce, the main difference is that divorce is a definitive end to your marriage. This means that you are legally single and can remarry. Keep in mind that you cannot use your spouse`s health insurance plan or file joint tax returns. Legal separations follow exactly the same three-part process as the divorce process. For more information on this process, check out our review article on divorce. Marriage offers benefits and bonds that some couples want to keep for a variety of reasons. Some feel like they can`t live together, but find reasons why they don`t want to divorce. Unlike a divorce, legal separation doesn`t have a residency requirement, which means you don`t need to be a California resident for at least six months or file in your county for at least three months. Many people who have recently moved to California and want to end their marriage opt for legal separation so they can begin the process without months of waiting. For California to have jurisdiction (capacity) to issue custody or access orders, children must always meet residency requirements, except in emergency situations. So if you need custody or visitation orders, you may want to explore other alternatives.
If your domestic partnership is registered in California, you have automatically consented to the jurisdiction of the California courts to terminate your domestic partnerships – even if you move or have never lived in California. So you do NOT have to meet the residency requirements that married couples must meet. Not all states allow legal separations, but California is one that does. Your spouse must accept this, or at least default after you deliver your petition. If he doesn`t agree, you may need to file for divorce instead. In this sense, legal separation is not a decision that should be taken lightly. Of course, there are gray areas that require further investigation to get to the truth about the matter. If you have any questions about the details of your case and would like to review them carefully to achieve your divorce goals, contact us – we will be happy to help you with the details. In California, legal separation does not end a marriage or domestic partnership.
Instead, it leads to a court establishing the rights and obligations of spouses who want to live separately. Although legally separated parties are still married, they benefit from enforceable court orders that separate their finances or direct custody and child support. .