Divorce is not your only option if you wish to change your relationship status from married to single. There is also legal separation – a similar solution that does not result in the complete dissolution of your marriage. Understanding some of the pros and cons of legal separation in California, and how it compares to divorce, can allow you to make the best decision for yourself and your family. To discuss legal separation in more detail, contact an attorney from Boyd Law.
What Are the Pros of Legal Separation in California?
A legal separation is similar to a divorce in that it is a court order which allows a couple in a marriage or domestic partnership to live apart from one another and lead separate lives. Like a divorce, someone who is legally separated is free to live alone and date other people. Also like a divorce, legal separation requires the couple to work out issues such as property division and child custody. Unlike divorce, however, legal separation does not dissolve a marriage. On paper, the couple will remain legally married.
Legal separation can have several benefits for a couple, including:
- You and your partner can live separate lives without having to get a divorce. This may be suitable if you are against divorce for personal, religious or financial reasons.
- If you don’t yet meet California’s residency requirements to file for divorce, you can get legally separated and live apart from your spouse while you wait.
- You can continue to enjoy certain benefits that are connected to your marriage, such as military benefits, health insurance and Social Security.
- It is possible to reverse a legal separation if you and your partner reconcile. You cannot reverse a divorce once it is finalized.
- Upon your date of legal separation, any income, property and assets you acquire will be classified as separate property, not community property, and will thus be safe from California’s property division law if you choose to get divorced later.
- If you decide to turn your legal separation into a divorce, it can make the divorce process easier. You will not need any paperwork other than a request to the court to convert the legal separation into a divorce.
The process of getting a legal separation in Orange County is generally faster, easier and less expensive than a divorce. You and your spouse will first have the chance to reach a settlement. If you cannot agree on the terms of your separation, your case will need to go to trial to receive a judgment from the courts – similar to a divorce case.
What Are the Cons of Legal Separation in California?
Choosing legal separation over divorce can also have a downside. It may lead to financial problems in your future, for example, or make it harder to get a divorce later if your spouse moves and you cannot locate him or her. Some of the potential cons of legal separation in California are:
- Since your marriage is still intact in the eyes of the law, you cannot remarry while you are legally separated. You will have to get divorced before you can marry someone else.
- If you die while you are legally separated, your ex may still have the right to receive part of your estate or retirement savings. In contrast, spousal property rights end with divorce.
- Even after you separate, financial matters such as joint bank accounts and credit cards may still connect you to your ex. This can have financial pitfalls, such as taking on your ex’s debt and hurting your credit score.
Getting a divorce or legal separation is a very personal decision. You should carefully consider both options and make a choice based on your personal beliefs, what your spouse wants, the effect that a divorce could have on your children and advice from a divorce attorney in Orange County.
