Legal Separation Or Divorce California8 min read
In the state of California, there are two ways to legally end a marriage: through a divorce or through a legal separation.
A divorce is a legal process in which a court orders that a marriage be ended. A divorce can be granted for a variety of reasons, including adultery, cruelty, or irreconcilable differences.
A legal separation is a legal process in which a court orders that a marriage be ended, but does not actually dissolve the marriage. A legal separation can be granted for a variety of reasons, including adultery, cruelty, or irreconcilable differences.
There are a few key differences between a divorce and a legal separation.
First, a divorce ends the marriage. A legal separation does not.
Second, a divorce can be granted relatively quickly. A legal separation can take much longer to obtain.
Third, a divorce terminates all of the couple’s legal rights and obligations to each other. A legal separation does not.
Fourth, a divorce requires at least one of the spouses to reside in California for at least six months prior to filing. A legal separation does not.
Finally, a divorce may be more expensive than a legal separation.
Which option is right for you depends on a variety of factors, including your individual circumstances and the reasons for seeking a divorce or legal separation. If you are unsure which option is right for you, it is advisable to speak with a California family law attorney.
Why would you get a legal separation instead of a divorce in California?
When a couple decides to get divorced, they have to go through a legal process in order to end their marriage. In some cases, a legal separation may be a better option. Here are a few reasons why you might want to get a legal separation instead of a divorce in California.
1. You want to stay married.
If you are not ready to end your marriage, a legal separation may be a good option. This allows you to live separately from your spouse, but still remain legally married. This can be a good option if you are not sure if you want to get divorced or if you want to try to work out your problems.
2. You want to avoid the divorce process.
The divorce process can be expensive and time-consuming. If you are not interested in going through a divorce, a legal separation may be a good option. This allows you to live separately from your spouse and avoid the courts altogether.
3. You want to keep your options open.
If you are not sure if you want to get divorced, a legal separation may be a good option. This allows you to live separately from your spouse and gives you time to decide what you want to do. You can also still file for a divorce at a later date if you decide that you want to end your marriage.
4. You want to protect your assets.
When you get divorced, your assets are divided between you and your spouse. If you are not interested in dividing your assets, a legal separation may be a good option. This allows you to keep your assets separate from your spouse and prevents them from getting any of your property.
5. You want to protect your children.
If you have children, a legal separation may be a better option than a divorce. This allows you to continue to have a relationship with your children and allows them to continue to have a relationship with both parents. If you get divorced, the children may have to live with one parent and may not be able to see the other one.
What’s the difference between divorce and legal separation in California?
There are several key differences between a divorce and legal separation in California.
The primary difference is that a divorce ends a marriage, while a legal separation does not. During a legal separation, spouses are still technically married, and they must still follow all of the same rules and regulations that apply to married couples. This includes filing joint tax returns and maintaining the same level of insurance coverage.
Another key difference is that a divorce can be contested or uncontested, while a legal separation must be uncontested. This means that, in a divorce, either party can file for a divorce and the other party can choose to contest it, whereas in a legal separation, both parties must agree to the terms of the separation.
A final difference is that a divorce can be finalized relatively quickly, often within a few months, while a legal separation can take up to a year or more to finalize.
What are the benefits of a legal separation in California?
A legal separation in California is a process that allows you to live separately from your spouse while still remaining married. There are a number of benefits to a legal separation, including the following:
1. You can still receive benefits like health insurance and Social Security through your spouse.
2. You can still file taxes jointly.
3. You can still inherit property from your spouse.
4. You can still get alimony or child support.
5. You can still file for divorce later on.
How long can you be legally separated in California?
In California, you can be legally separated for a period of two years. If you have minor children, you must live in separate households during the separation. If you have no minor children, you are not required to live in separate households, but you may if you choose to do so.
If you and your spouse have decided to get a divorce, you can file for divorce after you have been separated for six months. If you do not want to get a divorce, you can continue to be legally separated after the two year period has expired.
If you and your spouse are still living together after two years, you will need to file for a legal divorce in order to continue to be legally separated.
How much does it cost to legally separate in California?
Separating from a spouse can be an emotional experience, and it can also be expensive. In California, the cost of a legal separation can vary depending on the circumstances of the case.
One of the biggest expenses in a legal separation is attorney’s fees. If the parties are able to agree on most of the terms of the separation, the cost of the separation will be lower. If the parties are unable to agree on terms, the cost of litigation will be higher.
Another significant expense in a legal separation is the cost of splitting up property. In California, the community property system applies, which means that all property acquired during the marriage is divided equally between the spouses. This can be a costly process, especially if the parties have a lot of assets.
There are also other costs associated with a legal separation, such as the cost of setting up a new household and the cost of maintaining two separate households.
In California, the average cost of a legal separation is around $5,000. However, the cost can vary depending on the circumstances of the case. If you are considering a legal separation, it is important to consult with an experienced attorney to get a better idea of how much it will cost.
What should you not do when separating?
When you decide to separate from your spouse, there are a few things you should avoid doing. These include:
1. Don’t badmouth your spouse to your friends or family. This will only make them look bad and will further damage your relationship.
2. Don’t move out of the house without discussing it with your spouse. This can lead to a lot of resentment and can make the separation process more difficult.
3. Don’t make any major decisions without consulting your spouse. This includes decisions about the children, the house, and your finances.
4. Don’t start dating right away. This can be seen as a betrayal and can further upset your spouse.
5. Don’t ignore your spouse’s calls or emails. This will only make things worse.
By following these tips, you can make the separation process smoother for everyone involved.
Is dating during separation adultery in California?
When a couple in California decides to go their separate ways, one of the first questions that often comes up is whether or not dating is considered adultery. In most cases, dating during separation is not considered adultery.
There are a few things to keep in mind when considering dating during separation. First, you should make sure that you are actually separated. In California, you are considered separated when you have physically separated from your spouse and are living in separate residences. If you are still living in the same household, you are not considered separated.
Second, you should avoid any activity that could be considered adultery. This includes sexual activity with someone else. If you are caught engaging in adultery, you could be liable for damages in a divorce proceeding.
Third, you should remember that dating during separation can still impact your divorce proceedings. If you decide to get back together with your spouse after dating someone else, this could impact the divorce proceedings. The courts could find that you acted in bad faith by dating someone else while you were separated.
Overall, dating during separation is generally not considered adultery in California. However, you should still be mindful of the potential consequences of your actions. If you have any questions about whether or not something is considered adultery, you should speak with an attorney.