What is the Difference Between Legal Separation and Divorce in California?
March 29, 2022, In Divorce
At WHITMARSH FAMILY LAW, PC, our Los Angeles family lawyer knows that changing family dynamics — whether you are married with or without children — can impact your personal and professional life until the matters are resolved.
In some cases, the marriage may be irreconcilable, which leads spouses to take an inventory of what their future would hold if they pursued a divorce or legal separation.
Our Los Angeles County family law attorney also knows your marital status is very personal, and that deciding between the two is not something anyone takes lightly.
Our goal is to provide our California family law clients with the legal advice and guidance they need to make informed decisions about their futures and pursue the best outcome available for their unique cases.
In some of those cases, legal separations may provide the solution for spouses to go their separate ways, without making the final decision to get divorced right away.
Here is what you need to know about the two options.
What is the Difference Between Divorce & Legal Separation in California?
During a divorce, spouses must sort through multiple details that must be negotiated with their attorneys, during mediation, or litigated inside the courtroom when they cannot agree to the terms of their divorce in private.
The primary components that must be finalized in a divorce agreement include:
- Divorce / Termination of Marital Status
- Division of Shared Assets & Debts
- Spousal Support
- Child custody, Visitation & Parenting Plans
- Child Support
Legal separation in California covers the same crucial factors, apart from terminating the marriage. When couples are legally separated, they are still also legally married, and cannot remarry during this period.
Why Choose Legal Separation Over Divorce in California?
Choosing legal separation over divorce — or vice versa — in California is a personal choice that is unique to the couple’s relationship, family, and life goals.
Common reasons couples may choose legal separation over divorce in California may include:
- Moral or religious reasons that disapprove of or prohibit divorce
- Maintaining financial retirement or social security benefits that would dissolve with a divorce
- Remaining on the other spouse’s healthcare and/or insurance plans
- Maintaining tax or estate planning benefits
- Probability of reconciliation after time apart
Legal separation is a complex area of family law that can be easily navigated with the help of an experienced Los Angeles divorce attorney. We can help.
Contact WHITMARSH FAMILY LAW, PC Today to Schedule a Free Consultation
To learn more about your legal separation or divorce rights and options in California, contact our skilled divorce attorneys in Los Angeles County at WHITMARSH FAMILY LAW, PC by calling (310) 552-3505 to schedule a free consultation today. We can help provide solutions that produce results.