What Is the Difference between Legal Separation and Divorce in California

Sangam Products

What Is the Difference between Legal Separation and Divorce in California

Legal separation and the date of separation are often confused, but they are two very different things. It should be noted that a very small percentage of cases apply to legal separation. And in general, our advice is the same for most clients, which means that the disadvantages of legal separation actions are too great. For example, if there was a legal error or obstacle to marriage from the beginning, couples could apply for annulment, also known as a judgment on the nullity of marriage. This (extremely rare) process rewinds marriage and gives the impression that it never existed. One of the most intimidating aspects of a divorce is navigating through all the rules and procedures associated with the process. Luckily for you, opting for legal separation can be a way to eliminate some of the bureaucracy (temporarily or permanently). 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). Similarly, the State of California has a mandatory six-month waiting period between the time the application is filed and the time a court is ready to issue a divorce decree. Whether you`re looking to dissolve marriage (divorce) or legal separation, be prepared to participate in a legal dispute.

As described above, the procedure and case structure are the same for both types of cases. The same disclosures are required, the same hearings will take place, and you will resolve your case in the same way. During a court-sanctioned separation, you will have a court order detailing all your rights and obligations. An agreement on legal separation covers the same issues as those dealt with in the final divorce decree. Consumer resolutions are an easier way for married couples and registered life partners to divorce. Filing for divorce or legal separation can be a daunting task. There are many considerations that need to be carefully considered before applying for legal separation, as many of the perceived benefits of legal separation are not really beneficial in reality. We have heard countless cases of divorce and many cases of legal separation. In fact, we have dealt with cases in which the parties legally separated and then divorced. We offer a free private consultation to discuss whether a divorce or legal separation is right for you. Our office is conveniently located in Irvine across the street from the airport.

Contact us today. This page discusses each of the actions, differences and similarities and gives an overview of the action that might be appropriate for your situation. Some people choose legal separation for a certain period of time and others choose it as a gateway to the final divorce. If you decide to separate, you will have to go through the extra legal steps necessary to divorce if it becomes your way on all levels. Now you know the legal difference between divorce and legal separation, but why should a couple choose one and not the other? To be precise, at least one spouse must reside in California for at least six months before they can legally file for divorce. If you and your spouse do not meet this requirement, your application will be rejected and you will have to try again later. Marriage offers benefits and bonds that some couples want to keep for a variety of reasons. Some feel like they can`t live together, but find reasons why they don`t want to divorce. Our clients seek the support of our Torrance law firms to avoid problems on the road that result in other legal fees. Legal separation and divorce require the same grounds for filing. In addition to residency requirements, you must choose the reason for your petition, whether it is irreconcilable differences or the incurable insanity of your spouse. You simply file an application to set aside the marriage separation order when your separation is over, or a motion to dismiss it if it is still pending.

In either case, you`re looking at a simple form that you can probably take care of yourself. There is no waiting period for legal separation, while if you are applying for divorce, you will have to wait six months before it becomes final. Better yet, the conditions of your legal separation are 100% legally recognized, binding and enforceable. The only difference is that these conditions exist in a legal separation judgment instead of a divorce decree. If you`re new to the state, you may be able to speed up the divorce if you first file for legal separation. You must be a resident of the state for six months before filing for divorce. If you`ve just moved to Torrance from another state, you may want to apply for a legal separation to get things done. Each procedure follows a similar course, starting with the filing of a petition. .