Divorce vs. Legal Separation in California: What’s A Good Option for Men?
In California, a married couple has multiple legal options if they want to split. While there are 3 options available to them, i.e. annulment, legal separation and divorce, a huge majority picks from the last 2 options.
The Difference between Legal Separation and Divorce
• To get a legal separation, it is important that both parties must give their consent. If you file for legal separation but your spouse doesn’t, the court cannot award you a separation. The only option available is filing for a divorce or attempt to fix the relationship.
• If both spouses consent to it, the separation is awarded almost immediately as there is no waiting period or residency requirement. However, California law states that a divorce can only be finalized at least 6 months after it is filed for.
• While divorce ends a marriage in every way, a legal separation does not. The separation only allows the couple to live apart with a quick agreement on issues like child custody and support. Neither person can remarry though.
The purpose of separation is to give two people the space and opportunity to reflect on their relationship and marital conflict. They may decide to get back together and end the separation. Or they may move on to a full-fledged divorce.
• A divorce effectively terminates the marital status and involves division of marital assets, debts, etc.
• One doesn’t offer any benefits over the other for couples. However, divorce may not be suitable for some couples because of certain life situations. This is when they choose to separate legally, but continue to manage all other aspects of their relationship.
Also, if time is of essence, filing for a separation first and then changing it into a divorce procedure can significantly speed up the divorce.
Do I Need an Attorney To Get Legal Separation From My Wife?
Getting legally separated from your spouse in California does entail some paperwork and dealing with the court system.
And while it is possible to handle your own legal separation, a reputed San Diego family attorney can make the process easier and less stressful. One source whom you can turn to is Men’s Legal Center.
Here, you learn about essential details, and can make an informed decision, after weighing all your options. Get in touch now to discuss your options. divorce lawyer san diego,
The Difference between Legal Separation and Divorce
• To get a legal separation, it is important that both parties must give their consent. If you file for legal separation but your spouse doesn’t, the court cannot award you a separation. The only option available is filing for a divorce or attempt to fix the relationship.
• If both spouses consent to it, the separation is awarded almost immediately as there is no waiting period or residency requirement. However, California law states that a divorce can only be finalized at least 6 months after it is filed for.
• While divorce ends a marriage in every way, a legal separation does not. The separation only allows the couple to live apart with a quick agreement on issues like child custody and support. Neither person can remarry though.
The purpose of separation is to give two people the space and opportunity to reflect on their relationship and marital conflict. They may decide to get back together and end the separation. Or they may move on to a full-fledged divorce.
• A divorce effectively terminates the marital status and involves division of marital assets, debts, etc.
• One doesn’t offer any benefits over the other for couples. However, divorce may not be suitable for some couples because of certain life situations. This is when they choose to separate legally, but continue to manage all other aspects of their relationship.
Also, if time is of essence, filing for a separation first and then changing it into a divorce procedure can significantly speed up the divorce.
Do I Need an Attorney To Get Legal Separation From My Wife?
Getting legally separated from your spouse in California does entail some paperwork and dealing with the court system.
And while it is possible to handle your own legal separation, a reputed San Diego family attorney can make the process easier and less stressful. One source whom you can turn to is Men’s Legal Center.
Here, you learn about essential details, and can make an informed decision, after weighing all your options. Get in touch now to discuss your options. divorce lawyer san diego,
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