No marriage is perfect. Each relationship has its ups and downs. For some, it is relatively easy to resolve their differences; however, for others, it can feel like a never-ending battle. And if disputes continue to bring the relationship down, discussions of divorce might arise.
Divorce is final and determinative. To some, it can feel too rash or absolute. This causes some spouses in California to consider legal separation instead. Possibly, with some space, issues can be worked out. For some, this might mean repairing the relationship and avoiding divorce. However, it could mean a more amicable divorce process.
At Rambro & Manley LLP, our law firm understands that it can be emotional and difficult to reach the decision to end your marriage. And when it comes to deciding to divorce or separate, the matter can feel confusing and complex. This is why our skilled and experienced attorneys work diligently to ensure our clients understand their situation and the options available to them.
While both separation and divorce are very similar, they are different in processes, purpose and final outcomes. Both divorce and legal separation require a division of assets and debts and determination of child custody and support if children are involved.
But in a legal separation, you are still legally married. Additionally, you can remain on the same insurance policy and enjoy other legal benefits of a married couple. It should be noted that if either spouse seeks to remarry, a divorce will need to be obtained.
Choosing separation over divorce
The finality of divorce often causes some spouses to consider their option to separate. If there is a feeling of hope that the relationship can be reconciled, then filing for separation can be advantageous. In other cases, separation might be the only option to obtain a legal split because they do not meet the residency requirements yet.
While there are various reasons a couple might choose separation over divorce, there are some more common situations. This includes reasons related to religion, health care or immigration.
Navigating difficulties in a marriage is overwhelming and challenging. The decision to divorce might not feel right, so taking the time to understand legal separation and what it entails might be beneficial. A legal professional can help with any questions and concerns you might have.
