When your marriage reaches a point that is impossible to fix, you might wonder between legal separation or divorce. Both options have unique implications for your family’s future. Understanding the key differences between these choices can help you make an informed decision that aligns with your needs and goals. California law provides specific guidelines for each process.
Legal separation or divorce: What makes them different?
Although legal separation and divorce in California are similar, they do have differences:
- Legal separation lets you live apart but stay married.
- Divorce ends your marriage entirely.
- You divide assets and debts in both processes.
- You handle child custody and support in both cases.
- Legal separation doesn’t need California’s residency requirements.
- If you divorce in California, the law requires you or your spouse to live in the state for six months and the county for three months.
Legal separation can be a stepping stone to divorce. You might choose it as a long-term arrangement to keep certain marriage benefits. These benefits could include health insurance coverage or religious considerations. It could also involve maintaining a semblance of a marriage for the children.
How do the legal requirements for separation and divorce in California differ?
Here are some key differences in legal separation and divorce in California. You:
- Don’t have to wait for legal separation; meanwhile, you must wait six months for divorce
- Don’t need to meet residency requirements for legal separation but you must meet California’s residency requirements for divorce
- Will need to file paperwork with the court for both processes
- Can convert legal separation to divorce later if you want
The courts can finalize legal separation more quickly than divorce. This may help if you need immediate legal protections but aren’t ready to end your marriage permanently.
What factors should you consider when choosing between separation and divorce?
Your family’s unique circumstances will help you decide between legal separation and divorce. Consider your finances, children’s needs, and long-term goals. An attorney can give you valuable insights into the legal aspects of each choice. They can help you understand how California law affects your situation. By getting professional advice, you can decide on things that protect your interests and support your family’s future.
