We Can Help You Find The Right Solution
If you are facing difficulties in your marriage, you may be considering legal separation or divorce. Parting ways legally can give you much-needed space, but you may need help in reaching an agreement on finances, credit and debt, child support and related issues.
At Rombro & Manley LLP, our lawyers understand the difference between separation vs. divorce. Our Manhattan Beach, California, attorneys can help you navigate the legal proceedings associated with them. At the same time, they understand that separation and divorce are emotionally difficult. They can guide you through the legal proceedings with compassion and sensitivity, making them as stress-free as possible.
The Difference Between Separation And Divorce
Separation and divorce are very similar. In both circumstances, you will divide assets and debt, as well as determine child support and child custody. However, if you are separated, you are still considered legally married. Neither of you can remarry without obtaining a divorce first. In some cases, you can remain on the same insurance policy and enjoy some of the other legal benefits of marriage after legal separation.
California is a “no-fault” divorce state, and the same laws apply to legal separation. To obtain a divorce or separation, neither party needs to prove that the other did something wrong. You can simply claim “irreconcilable differences.”
Why Do Couples Choose Separation Over Divorce?
Although divorce and separation are related, there are several reasons that couples choose separation. First, separation does not have the same finality as a divorce. While this can be a deterrent to some, it can be advantageous for others. If a marriage is going through a difficult time, but there is some hope for reconciliation in the future, separation may be the solution.
Second, many couples choose separation because of residency requirements. To qualify for a divorce in California, one spouse must have lived in the state for at least six months. However, a couple can still obtain a legal separation if they have lived here for a shorter period of time.
Finally, some people choose to remain legally married for religious, health care or immigration reasons. At the same time, the separation will enable them to divide property and obtain much-needed physical distance from one another.
The Legal Proceedings In Separation Vs. Divorce
The legal processes for separation and divorce are almost identical. One party will need to file a petition for separation or divorce. Then you will need to make a full financial disclosure to each other and to the court. Ideally, through negotiation, you will be able to make decisions regarding property division and child custody and support. However, we know that emotions can run high during this difficult time, and it can be hard to reach an agreement. If negotiation proves unsuccessful, the case will go to court.
At Rombro & Manley LLP, we know that both divorce and separation can be very stressful. In fact, two of our attorneys have gone through divorces themselves. We will guide you through every step of the process, offering compassionate, nonjudgmental legal assistance.
Contact Rombro & Manley LLP
If you are considering divorce or separation, contact our firm today. We will explain more about the differences between these two processes, and help you decide which path is most appropriate for your situation. Call 310-545-1900 to get started.