California has time-limited restrictions before the divorce is filed. You or your spouse must have lived in California in the past 6 months. In addition, the same person must have lived in the submitting county for the last 3 months. If you or your partner do not meet these California residency requirements, you can opt for legal separation and then file for divorce after the appropriate time period has expired. The decision to take the path to legal separation is a personal decision that only you and your spouse can make. This is not a decision that should be taken lightly. Legal separation should never happen without the advice of an experienced divorce and family law lawyer like Bruce A. Mandel. You decided to act in your marriage because it doesn`t work out the way you hoped. Ultimately, you have two legal options: legal separation or divorce. The main difference lies in the sustainability of your decision. If you legally separate, you can live and act as separate individuals, but you can reunite as a married couple. However, after your divorce, your decision to end the marriage is final and you are officially single.
Let`s take a look at other important differences between the two options. One of the main reasons why couples prefer legal separation to divorce is to keep the possibility of reconciliation open. When a legally separated couple reunites, they only need to file an application to set aside the marriage separation order to end the separation (or a motion to dismiss it if the legal separation has not yet been concluded). A divorced couple, on the other hand, would have to remarry if they reconciled. Unlike a divorce, a 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 at least three months in your county. Many people who have recently moved to California and want to end their marriage choose legal separation so they can begin the process without having to wait for months. 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. We would be happy to sit down with you in a FREE consultation to discuss your options. Have you considered the pros and cons of legal separation versus divorce? Our lawyers understand how complicated these two procedures can be and want to help you make the right choice for your personal situation. You can trust that we care about your best interests, as well as the interests of your children and the protection of your financial assets. Do not hesitate to call us or contact us online to make an appointment with one of our experienced lawyers.
If you have separate assets, they belong only to you as long as they have been kept separately. Debts can also be separate assets, such as . B credit cards you may receive after the separation date. Every divorce has a separation date. This date of separation means “the date on which a complete and definitive breakdown of the conjugal relationship occurred, as evidenced by the following two points: Legal separations do not require a waiting period like divorces. In other words, if you and your spouse have a full agreement, you can get a judgment on legal separation much faster than a judgment on the dissolution of marriage. To apply for legal separation in California, you or your partner must be a legal resident of the state. You will also need to provide a reason why you choose to break up.
Since California is a “no-fault” state, you don`t need a specific reason to point out what your partner did wrong (i.e., irreconcilable differences). Getting a divorce is a very personal decision. If there are reasons why divorce isn`t right for you, consider legal separation as a possible alternative. You can enjoy many of the same benefits as a divorce without the purpose, stigma, emotional stress, or moral or religious issues of a divorce by opting for legal separation. A divorce or “dissolution of marriage” is a permanent end to your marriage. You become legally single and are allowed to remarry if you wish. .