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Is There a Difference Between Legal Separation and Divorce in CA?

There is a clear difference between the results of a legal separation and the results of a divorce. While there are many similarities between them and they can lead to the same outcome, it is important to be aware of the key differences. Some of the ways that legal separation and divorce differ are:

  1. Legal separation does not change your marital status
  2. You cannot remarry after undergoing legal separation
  3. Legal separations are immediate, they do not take six months or more like a divorce does
  4. Legal separation does not involve a regional requirement like divorce does

Some people choose to undergo divorce because the want the split to be final. This gives a couple closure on their relationship. Throughout the divorce process, all matters will be handled. The property involved will be separated, matters regarding child custody, child support and spousal support will be decided, and then the parties can go on in their separate ways. If you are unsure if this final decision in divorce is right for you, you may consider filing for a legal separation. This process is similar to divorce and you will be apart from your spouse, assets will be divided and you will work out visitation schedules with children. The key difference is that legal separation is not technically final. This allows you to figure out if you are certain the separation and divorce is what you want. Some benefits to considering legal separation before divorce include:

  • You have time to decide if divorce is what you want
  • Some couples see this method as a way to uphold their religious beliefs
  • You can retain tax or military benefits
  • This can allow you time to fulfill the residency requirement for divorce

If you have further questions about the difference between a legal separation and divorce, feel free to contact The Law Offices of Marc E. Mitzner. Attorney Mitzner has nearly 20 years of experience with divorce and family law and he can answer any and all questions you have. Team up with the legal team at the firm for help in your divorce or legal separation case.

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