Quick Answer: What is the difference between legal separation and divorce in California?

The main difference is in the permanence of your decision. When you separate legally, you can live and act as separate individuals but can join back together as a married couple. However, after you divorce, your decision to end the marriage is final and you’re officially single.

What are the benefits of a legal separation in California?

Legal Separation Process in California

While legally separated parties are still married, they have the benefit of enforceable court orders separating their finances or directing the custody and support of any children. They also may be able to retain certain marital benefits such as health or life insurance.

Is it better to legally separate or divorce?

Both arrangements separate the couple financially and provide legal oversight for child custody and support, spousal support and debt management. However, a divorce completely dissolves a marriage. … However, a legal separation may offer the same protection as a divorce and in some cases works out better.

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Is legal separation required before divorce in California?

Although California does not have a required separation period or trial separation period, it does have a waiting period for a divorce. While you may file for divorce as soon as you want, you must still wait 6 months before your divorce is final. … This means that, for many couples, those 6 months are spent separated.

Why would you get a legal separation instead of a divorce?

People usually get separated when they are unsure if they want to get divorced, when they want to work on the relationship but they require time apart, when they still want some of the advantages of being married and when religious, cultural or ethical values reject divorce.

Will legal separation protect me financially?

Legal separation can protect you from the debts of your spouse effective the day you file for legal separation. Once you file, you are no longer liable for any new debts your spouse takes on.

Why would you get a legal separation instead of a divorce in California?

A legal separation is an official court order from the state where you and your partner live apart and carry on your lives separately. This option allows you to create financial boundaries, determine who is responsible for assets and debts, and detail child custody and support rules, without the permanence of divorce.

What are the benefits of legal separation?

Some of the advantages of legally separating include:

  • Being able to retain your marital status for religious reasons.
  • Allowing a couple some time to live apart and see if divorce is actually what they want. …
  • Being able to continue insurance benefits on your spouse’s coverage. …
  • Retaining certain military benefits.
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Can you be legally separated and live in the same house in California?

Basically, the California Family Code used to say that spouses had to be “living separate and apart” to define a date of separation. … So, now you can be legally separated and still live in the same house. There are many reasons why couples who have decided to divorce choose to live under the same roof.

What should you not do during separation?

5 Mistakes To Avoid During Your Separation

  • Keep it private.
  • Don’t leave the house.
  • Don’t pay more than your share.
  • Don’t jump into a rebound relationship.
  • Don’t put off the inevitable.

How does a legal separation work?

In a legal separation, the properties and assets of the couple remain under the ownership of both parties unless otherwise stated in the agreement; assets remain martial. Furthermore, both parties maintain the legal rights over the assets, eliminating the possibility of a deceptive scheme.

What rights does a legally separated spouse have?

Legal separation is a legal remedy for couples suffering from a problematic marriage. In legal separation, the couple is allowed to live apart and separately own assets. … Legal separation dissolves the property relations of the spouses and removes the guilty party’s capacity to inherit from the innocent party.

Do both parties have to agree to a legal separation in California?

Family Code section 2345 states, “The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance and the petition is one for legal separation.” That means both spouses must consent to a legal separation judgment.

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Can you be separated and live in the same house?

Most legally separated couples want to live in different residences, but this isn’t always possible or practical, especially when the marriage involves small children. For various reasons, many couples continue living under the same roof while legally separated.

Are you still married if you are legally separated?

“In a legal separation, the marriage remains legally intact, whereas in a divorce or dissolution, the marriage is ended.” In a legal separation, the marriage remains legally intact, whereas in a divorce or dissolution, the marriage is ended. … The legal separation order can be modified in certain circumstances.

Can you date while legally separated?

Is Dating ok during a separation? As long as you are living apart, and abide by any legal agreements, dating while separated is legal. … A separation is not the same as a divorce because you are legally married to your spouse, regardless of the duration of your separation period.