In this article, you can discover…
- How legal separation differs from a divorce under California law.
- The paperwork required for legal separation in California.
- How an attorney can help you decide between divorce and separation.
What Is Legal Separation Under California Family Law?
Separation allows you and your spouse to live separate lives while still being legally married. It’s rare, but it can be helpful in cases where the relationship is still amicable, and there are practical reasons to stay legally married.
For example, if one spouse has a serious medical condition and the other has excellent insurance. To avoid losing access to that insurance, separation would be a better choice than divorce. In other cases, separation may be a better option if divorce would threaten one party’s immigration status.
When you’re legally separated, you’re still married in the eyes of the state/federal government and can still file taxes together. However, because you are still legally married, you cannot marry someone else as you could if you were divorced.
What Legal Filings And Agreements Are Required For A California Legal Separation?
The paperwork filled out is identical to that of a divorce, except that a different box is checked. You would still go through the same process as you would in a divorce, minus the legal dissolution of your marriage at the end.
In California, you are separated as of the date that one or both of you decide that your marital differences can not be reconciled. Everything with regard to division would refer back to that date, and assets would then be separated.
How Can A Family Law Attorney Help Me Choose Between Separation And Divorce?
As an attorney, I always begin by asking my clients what their goals are. If your goal is to stay on your spouse’s health insurance while living a separate life, separation would be a much better option. I’ll help you understand what you want from the process. Do you want marital support? Do you want separate assets? Sometimes separation will make more sense, and in many cases, divorce will be the more sensible option.
Still Have Questions? Ready To Get Started?
For more information on legal separation vs divorce in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 456-2040 today.
Attorney Jordana Better is a knowledgeable, determined family law attorney serving California. Since 2016, she’s helped clients just like you understand the process of legal separation and how it differs from divorce.
Need help deciding whether divorce or separation would be best for you and your spouse? Reach out to the Law Office of Jordana N. Better for an initial consultation today.
