Can I Get Legally Separated in California?
Posted on Dec 9, 2019 8:45am PST
Legal separation is not available in all states, but it IS an option in California. What
is a legal separation and how is it different than divorce? A legal separation
is a lot like a divorce. It addresses important issues, such as
child custody,
child support,
spousal support, debt, and
property division.
There is a key difference between a legal separation and a divorce: A couple
that legally separates is not free to remarry. If a couple separated and
someone wanted to remarry, their legal separation would have to be converted to a
divorce.
Why Choose a Legal Separation?
As we mentioned above, there are many similarities between a legal separation
and a divorce and legally, the effects are virtually the same. While legally-separated
couples are free to date and move in with new significant others without
any negative consequences, remarriage is impossible until a divorce is obtained.
“Why do couples decide to get a legal separation over a divorce?”
is a question some people ask. The most common reasons for legal separations
over divorces include:
- The spouses have religious objections to divorcing.
- The spouses aren’t sure if they want to divorce so they opt for a
legal separation. This way, they can have time apart and decide which
route they want to take.
- One spouse is in poor health and they remain married so they can utilize
their spouse’s health insurance.
- The spouses want to wait until their children are older to officially divorce.
“When you get divorced or legally separated, the court makes decisions
about how to divide the property that the spouses or domestic partners
bought during the marriage. Even if you do not want to deal with these
issues or if you divided your property informally when you separated,
the court still needs to make a formal order about these issues.
“This does not mean that you have to go in front of a judge to decide
these issues. Often, couples are able to divide their property (and their
debts) by agreement. But when you get divorced, the judge has to sign
off on that agreement,” according to the
California Courts.
Next:
Tips for Child Custody During the Holidays
If you’re interested in comparing legal separation to traditional divorce,
contact Arnold Law Group, APC at (559) 900-1263 today.