The decision whether or not to pursue an unmarried separation is not a decision that should be taken lightly, nor should it be made by oneself. Our lawyers at Bruce A. Mandel Divorce & Family Law Firm are here to support and guide you through this difficult time. We are experienced and well versed in the areas of legal separation and divorce. Our goal is to ensure that these processes unfold as smoothly as possible while you make these big changes in life. Unlike a divorce, legal separation doesn`t have a residency requirement, which means you don`t need to be a California resident for at least six months or file in your county for at least three months. Many people who have recently moved to California and want to end their marriage opt for legal separation so they can begin the process without months of waiting. For California to have jurisdiction (capacity) to issue custody or access orders, children must always meet residency requirements, except in emergency situations. So if you need custody or visitation orders, you may want to explore other alternatives. You decided to act in your marriage because it doesn`t work out the way you hoped.
Ultimately, you have two legal channels: legal separation or divorce. The main difference lies in the sustainability of your decision. If you legally separate, you can live and act as separated individuals, but you can reunite as a conjugal couple. However, after your divorce, your decision to end the marriage is final and you are officially single. Let`s take a look at other important differences between the two options. A couple is not legally separated until the court has rendered a judgment. However, the date of effective separation may determine the rights and obligations of the parties, in particular with regard to the common property. In California, an actual separation takes place in which a spouse occurs: For the most part, legal separation is the first step in a final divorce. There may be reasons such as tax benefits and religious beliefs that prompt a couple to legally separate before deciding to dissolve their marital union completely.
Sometimes a couple will find that even if they can`t stay under the same roof, they also have a good reason not to divorce. Q. Why is a marriage settlement agreement important? To start a divorce or legal separation if you are married, registered as a life partner, or both. Lists dates, children, property and debts. Both legal separation and divorce have their advantages, so it`s important to recognize and understand their nuances when making this important life decision. Before you make a decision, remember these two mantras: In California, legal separation doesn`t end marriage or domestic partnership. Instead, it leads to a court establishing the rights and obligations of spouses who want to live separately. Although legally separated parties are still married, they benefit from enforceable court orders that separate their finances or direct custody and child support. You may also be able to keep certain matrimonial benefits, such as health insurance or life insurance. We would be happy to sit down with you in a FREE consultation to discuss your options.
Have you considered the pros and cons of legal separation versus divorce? Our lawyers understand how complicated these two procedures can be and want to help you make the right choice for your personal situation. You can trust that we care about your best interests, as well as the interests of your children and the protection of your financial assets. Do not hesitate to call us or contact us online to make an appointment with one of our experienced lawyers. The decision to take the path to legal separation is a personal decision that only you and your spouse can make. This is not a choice that should be made lightly. Legal separation should never happen without the advice of an experienced divorce and family law lawyer like Bruce A. Mandel. Some people apply for legal separation to retain marital benefits such as health insurance, military benefits, and the ability to file tax returns as a married couple that they would otherwise lose if they filed for divorce. As with any legal proceeding concerning family law, the choice of legal separation has certain disadvantages. Even though legal separation is not a divorce, the journey is still complicated and emotionally exhausting. .
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