🤔 Legal Separation vs. Divorce: What’s the REAL Difference?
When it comes to ending a marriage, many people find themselves confused about whether to pursue a legal separation or a divorce. This is a common question I hear frequently, and it’s important to understand the real differences—especially if you’re navigating the California legal system. Let me break it down clearly to help you make an informed decision.
Understanding Legal Separation and Divorce in California
First off, contrary to popular belief, legal separation and divorce are essentially the same legal process in California. The main difference lies in a checkbox on the court forms, but that’s about it. California Family Code Section 661 explicitly states that legal separation is not a separate process from divorce. In fact, you cannot have a legal separation that is independent of the divorce process.
Why Legal Separation Isn’t a Shortcut
Some people choose legal separation thinking it might be faster than going straight to divorce. Unfortunately, that’s not the case. While technically legal separation doesn’t require the mandatory six-month waiting period that divorce does, the reality is that court backlogs mean you will likely wait about six months for approval anyway.
This means that choosing legal separation to expedite the process might only save you a month at best. In most cases, it’s not worth the extra effort or cost if your ultimate goal is to get divorced.
The Hidden Costs of Legal Separation
Another important factor to consider is that once your legal separation case is approved, it’s not the end of the process if you want to get divorced later. You will have to file a new divorce case, which involves:
- A new case number
- Additional court fees
- Going through the entire legal process again
This means that if you start with legal separation but plan to divorce eventually, you’re essentially doubling your time and expenses.
When Might Legal Separation Make Sense?
There are some situations where legal separation can be the right choice, such as when couples want to live separately and handle financial matters without legally ending the marriage. However, if your end goal is divorce, it’s usually more practical to proceed directly with that.
Summary: What Should You Do?
- Legal separation and divorce follow the same legal process in California.
- Legal separation is not significantly faster due to court backlog delays.
- If you plan to divorce eventually, starting with legal separation can increase your costs and time.
- Consider legal separation only if you want to remain legally married but live apart and settle financial issues.
If you’re unsure about which option is right for your situation, it’s a good idea to consult with a professional who understands California family law. Making the right choice upfront can save you time, money, and stress.
For anyone navigating this process in Los Angeles or California, knowing the facts about legal separation versus divorce is crucial. Don’t let confusion delay your next steps.
Tim Blankenship
Divorce661
