Divorce vs. Legal Separation: Which One is Right for You? | Los Angeles Divorce

Posted by Tim Blankenship on

Divorce vs. Legal Separation: Which One is Right for You?

Deciding between divorce and legal separation can be a challenging choice for many couples. Understanding the fundamental differences between these two options is crucial, as they can significantly impact your finances, legal status, and emotional well-being. In this blog, we’ll dive into the key distinctions, advantages, and considerations surrounding divorce and legal separation, helping you make an informed decision that suits your situation.

What is Divorce?

Divorce is the legal dissolution of a marriage. When a couple files for divorce, they are officially ending their marital relationship. This process involves dividing marital property, settling debts, and determining arrangements for any children involved. In California, a divorce includes a minimum six-month waiting period from the time the petition is filed until it can be finalized.

What is Legal Separation?

Legal separation allows couples to live apart while remaining legally married. This option involves creating a court-approved agreement that outlines the rights and responsibilities of each spouse during their separation. Unlike divorce, legal separation does not terminate the marriage, meaning that neither spouse can remarry unless they later file for divorce.

Key Differences Between Divorce and Legal Separation

Understanding the differences between divorce and legal separation is essential for couples considering either option. Here are some critical distinctions:

  • Marital Status: Divorce ends the marriage, while legal separation keeps the marriage intact.
  • Waiting Period: Divorce has a mandatory six-month waiting period; legal separation does not.
  • Ability to Remarry: After a divorce, both parties are free to remarry; in legal separation, they cannot.
  • Residency Requirements: To file for divorce in California, at least one spouse must have lived in the state for six months and in the county for three months. There are no residency requirements for legal separation.

When to Choose Legal Separation Over Divorce

There are several scenarios where legal separation may be the more appropriate choice for couples:

  • Financial Benefits: If one spouse relies on the other’s health insurance or benefits, remaining legally married may be advantageous.
  • Religious Beliefs: Some couples may choose legal separation due to religious convictions that oppose divorce.
  • Uncertainty About Divorce: If a couple is unsure about permanently ending their marriage, legal separation can serve as a trial period.
  • Residency Requirements: If one spouse has not met the residency requirements for divorce, they can file for legal separation first.

How Legal Separation Can Protect Your Finances

Legal separation allows couples to establish financial boundaries while still being married. This arrangement can protect both parties in several ways:

  • Debt Responsibility: Legal separation can help delineate responsibility for debts incurred after separation, protecting one spouse from the other’s financial decisions.
  • Spousal Support: During legal separation, courts can determine spousal support obligations, ensuring both parties are financially supported.
  • Child Support and Custody: Legal separation allows for the establishment of child support and custody arrangements, similar to divorce.

Transitioning from Legal Separation to Divorce

If a couple decides to move forward with divorce after a legal separation, the transition can be relatively straightforward. The legal separation agreement can often be amended to reflect the divorce terms. However, it is essential to consult with a family law attorney to ensure that all documents are filed correctly and that both parties understand their rights and responsibilities.

Common Questions About Divorce and Legal Separation

Many couples have questions when considering divorce or legal separation. Here are some frequently asked questions:

Q: Why would someone choose legal separation instead of divorce?

A: Couples may opt for legal separation to maintain certain benefits, such as health insurance, or due to religious beliefs against divorce. It also provides a way to live separately while still legally married, allowing for a trial period to evaluate the relationship.

Q: Can I convert my legal separation to a divorce later?

A: Yes, couples can transition from legal separation to divorce. The legal separation agreement can be modified to reflect divorce terms, and the process is generally more straightforward since many issues will have already been addressed.

Q: What are the disadvantages of legal separation?

A: One of the main disadvantages is that couples remain legally married, which can complicate financial and legal matters. Additionally, neither spouse can remarry until a divorce is finalized.

Q: Do I need a lawyer for legal separation or divorce?

A: While it is not mandatory to hire a lawyer, having legal representation can help navigate the complexities of family law, ensuring that all legal requirements are met and protecting your rights.

Conclusion

Choosing between divorce and legal separation is a significant decision that can impact your future. It’s essential to weigh the pros and cons of each option carefully. Whether you decide to pursue a legal separation or divorce, understanding your rights and options is critical. Consulting with a knowledgeable family law attorney can provide you with the guidance you need to make the best decision for your circumstances.

If you’re facing challenges in your marriage and need expert advice on whether to pursue divorce or legal separation, contact Divorce661.com today for a free consultation. We’re here to help you navigate this difficult time with clarity and support.

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Filing For Legal Separation Is Not Faster | Santa Clarita Divorce

Posted by Tim Blankenship on

We have been writing a lot about legal separation vs divorce lately because we are trying to clear some misconceptions up about legal separation.  In this article we are discussing why filing for legal separation is not faster than filing for divorce.

In the other articles we discussed the fact that Yes, we do handle legal separation cases and the differences between legal separation and divorce.

I received a call yesterday where the parties wanted to legally separate because they thought it would be faster than filing for divorce.  This is just not true.

The main reason people think that legal separation is faster in California is because unlike divorce, you don’t have the 6 month cooling off period.  Let me discuss what that is real quick.

When you go through a divorce in California, you have to wait 6 months before your divorce can be finalized.  That is not the case with legal separation.  However, the cooling off period is not the reason a divorce will take 6 months.

Currently, the Los Angeles County Courts are experiencing huge delays in filing of their divorce and legal separation cases.  To get your case reviewed and approved, it is taking up to 9 months to have your divorce or legal separation case completed.

Perfect World vs. Real World

In a perfect world, a legal separation case is technically faster because there is no waiting period before the judge can sign off on it.  So in a perfect world, you could file your legal separation case, serve your spouse, fill out all the remaining forms and walk up to the judge and get it signed.  And it would be done.  Your legal separation would be completed.

In the real world, this is just not possible.  You would file your legal separation case, serve your spouse, fill out all the remaining forms and then submit your judgment to the court.  Then you will wait…., wait…., and wait some more.  Right now as much as 9 months, but usually around 6 months due to the courts existing backlog.

With this being said, legal separation is going to take just as long as a divorce.

I hope that answers the question on whether legal separation is faster than divorce.  I know there is a lot of information out there but unfortunately they do not apply the information to real world scenarios.

Yes We Do Legal Separation Cases In Santa Clarita

Posted by Tim Blankenship on

We have been getting a lot of calls from people who want to file for legal separation so I felt another article about legal separation was warranted.

First let me answer the first question we get about legal separation which is, “Do you guys (us) do Legal Separation cases?”.

The answer is, “Yes we do Legal Separation Cases”

But… Whenever someone calls us with legal separation questions, I always make sure to find out why they are thinking about filing for legal separation instead of divorce.

I wrote a great article about the differences between legal separation and divorce (click on that link to read it) and I usually talk people out of filing for legal separation.

Here is why.

There are only a few reasons why people should file for legal separation. The first being religious.  Some people’s religion prohibits or frowns upon divorce.  Another reason is for medical reasons.  If you get divorced your spouse is not longer a dependent and can no longer be on your healthcare.  Where a illness prevents them from getting their own insurance and you don’t plan on remarrying, this might be a good option.

Of all the calls we get for legal separation, only one really was a candidate for legal separation and had real reasons for the legal separati0n vs divorce.

Most of the people who have called for legal separation think it is better to first legally separate before filing for divorce.  Sometimes, they think doing the legal separation is faster, but it is not.

These folks have also said that they were later planning on divorcing after filing the legal separation.

Here is the problem with that.

The paperwork for divorce and separation are the same.  There is just one box that is checked differently.  If you go through the entire legal separation process and the judgment is approved and finalized and later you want to file for divorce, you will have to file an entirely new case.

You can’t just change a legal separation filing into divorce.  You would have to prepare a brand new divorce case, fill out all the same paperwork and pay the filing fees again.

We are a license and bonded legal document preparation firm that specializes in divorce (and legal separation).  Please give us a call for more information.

 

 

Legal Separation Or Divorce – Santa Clarita

Posted by Tim Blankenship on

Legal Separation Or Divorce – Santa Clarita

There is a lot of confusion regarding what legal separation really is and what it means.

I get the question about legal separation in two different ways. The first is when folks tell me they want to file for legal separation. After speaking to them, it is determined that what they are trying to achieve is to have separate assets and debts and cut the ties on community property.

The other way I have been asked is when going through the divorce process. I have had clients ask if they are legally separated yet. When someone says they want to be legally separated, they would have to go through the exact same process as divorce.

I think the confusion if over the word “legally”. To be legally separated, you would have to go through a court action to be separated and have a court sign an order that says you are separated. You would follow the same steps of divorce, splitting your assets and debts a developing a custody and visitation schedule for your children.

When you file for divorce, one of the items you will determine is what your date of separation is. The date of separation can be determined a few different ways. It could be the day you moved out, the day you spoke to your spouse about getting divorced or even the day you file for divorce.

The date of separation you decide on will be the date where you no longer have community assets and debts accumulating. This means that as of the date of separation, any assets or debt you obtain are your own.

This is, of course, something you should speak to an attorney about if you and your spouse are contesting anything, because the laws about community and separate property are not absolute.

The date of separation is generally never and issue in the divorce cases we handle and our clients generally agree on the date when they decided to go their separate ways.