The major difference between obtaining a legal separation and obtaining a divorce is that in a legal separation your marital status will not be terminated. A legal separation will not change your marital status, and you will not be able to remarry while you are legally separated. However, in a legal separation, you still must go through the same process as undergoing a divorce, such as dividing community property assets and debts. Also in a legal separation, there is no residency requirement, meaning that you can file for a legal separation no matter how long you have resided in the State of California. Divorces require that you live in the state for a minimum of six months. The most common reasons couples choose legal separation over divorce are: To allow the parties more time to see if a divorce is really what they want; Or if reconciliation is possible after some time apart; They do it for religious reasons; So that one party can remain on the other’s health insurance policy; To retain tax or military benefits; Or to wait until they meet the residency requirement of living in the State of California for at least six months.
If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.
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