How Legal Separation Differs from Divorce and When It’s the Right Choice

Some General Considerations When Deciding on Divorce vs. Separation in California?

When facing dire issues in their marriage, many Californian couples assume divorce is the only path that’s open to them; however, in California, legal separation is a meaningful alternative and could offer many of the same legal protections as divorce. In some relationships, there are valuable reasons why divorce and separation should be considered. Understanding the differences between legal separation and divorce will help you and your partner make meaningful and informed decisions that align with your emotional, financial, and family goals.

Regarding the legalities between legal separation and divorce, there are two essential and fundamental distinctions to consider.

• Getting legally separated usually involves a formal agreement between partners that allows them to live separately but remain married. This option provides significant freedom and gives you some breathing space to reflect on your situation. Additionally, being legally separated may offer potential benefits, such as access to healthcare or tax advantages.
• Alternatively, divorce is a much more permanent dissolution of marriage. It legally disassembles your marriage, letting you both move forward as individuals. Divorce almost always requires more extensive legal proceedings than legal separation, such as division of assets, child custody arrangements, and potentially spousal support payments.

Whatever legal direction you take, whether pursuing a legal separation or opting for divorce, various and dire factors must be considered, each unique to your situation and circumstances. When considering both paths, a well-versed divorce lawyer’s experience, knowledge, and empathy will help you take the best route possible.

If My Marriage Is Not Working, Why Would I Consider a Legal Separation Over Divorce?

A legal separation can give you both time and is like putting your marriage on hold. In most cases, you and your partner would move to different homes and begin living separate lives; a legal separation is still far more legally formal than just moving apart.

The California family court must approve your decision, and you and your lawyer would still create a legal separation agreement. This agreement could, once again, divide property, set a fixed arrangement for raising your children, and end your financial connection to your spouse.

Just a few of some very sound reasons you and your partner might consider a legal separation are:

• Your legal separation can be reversed, but a divorce cannot.
• If young children are involved, you both may wish to keep your family together legally for their sake.
• You’re not 100% sure you want to end your marriage; a legal separation can give you the time and space to figure things out while still protecting you financially.
• Couples who cannot divorce for religious reasons often turn to legal separation; divorce may not be an option.
• A legal separation also allows you and your spouse to continue filing taxes jointly, which can provide tax benefits.
• You also must be married for at least 10 years to receive Social Security and military benefits from your spouse. A legal separation allows you to stay technically married until you reach this point.

However, always note that every separation and divorce differs, and for you to truly make a knowledgeable and informed decision, the diligent, thorough, and empathetic legal guidance of a well-versed divorce lawyer is invaluable.

What Circumstances Might Make Me Lean Towards Divorce?

First, note that a divorce legally ends your marriage. This is one of the main and significant differences; other than that, a divorce is like a legal separation, although usually a bit more complex.

You must also use a court to approve the divorce decision and develop agreements to divide property, calculate child support, custody, visitation schedules, alimony, etc. Of course, every situation differs, and many decisions are more complex than others, but the legal basics remain much the same.

Of course, there are times when divorce may be the preferred legal path to take, for example:

• If you don’t gain a financial benefit from being legally separated and are positive you wish to end your marriage, your lawyer might advise that you go straight to a divorce.
• Suppose you wish to remarry; in this case, you’ll also need a divorce, as you can’t legally remarry with a previous marriage.
• If you have very little or no connection with your partner and cannot make medical or financial decisions for one another, divorce may be preferable, as you are no longer considered next of kin.

The above are only a few clear examples of situations where divorce would be preferable to a legal separation. Still, the only way to obtain all the legal options you need to make a qualified decision is to get the in-depth, knowledgeable, and professional guidance of a competent divorce lawyer.

Your tenacious and thorough divorce lawyer will analyze your unique situation and then professionally advise you on what would be best for you.

What Types of Issues Could Help Me Decide Between Divorce and Legal Separation?

If you’re attempting to decide between divorce and legal separation, it’s a very personal decision, and a variety of factors must be considered. These include the state of your marriage and relationship, your financial issues, long-term goals, and more.

Your lawyer’s professional legal guidance and passionate and empathetic advice will be invaluable in this process. It’s also critically important to carefully and thoroughly consider the pros and cons of each option and how they align with your unique circumstances and future goals.

Another key point to consider is the emotional aspects of your decision. Divorce and separation can both be emotionally draining and challenging to you and your child; therefore,  it’s crucial to prioritize your mental health and well-being throughout this entire process.

In the end, however, some issues should always be considered, such as:

• You can always legally “reverse” a legal separation.
• A proven and straightforward process exists to “convert” your legal separation into a divorce.
• Divorce is, without a doubt, more definitive. This allows some partners to move on emotionally better.
• Your religion may discourage divorce; separation may be the only option.
• Your financial situation may significantly make one of these options more financially beneficial, such as how some tax perspectives relate to specific pension benefits.

In the end, you and your empathetic divorce lawyer will gather all the information necessary to choose the best possible path for you and your future.

I Need More Information on Legal Separation vs. Divorce; How Should I Proceed?

Suppose you’re having marital issues and trying to decide between getting a legal separation or moving right to divorce. In that case, it’s wise, prudent, and critical to seek the advice and support of a qualified, highly experienced, diligent, and passionate legal professional.

It cannot be overemphasized that these decisions are unique to your situation, and your lawyer (and you) can only make an informed decision after analyzing your case’s facts.

Your California divorce lawyer will provide valuable, up-to-date legal guidance on divorce or separation, including each of their requirements and impact on your life and future.

The skilled and passionate divorce lawyers at Hepner & Pagan, LLP have a long and successful history of providing dedicated support for California clients trying to end their marriages in the most beneficial, compassionate, and equitable manner possible. Their lawyers are additionally and deeply qualified in providing empathetic support for LGBT divorces and will tenaciously strive to protect your rights and future.

Call them today at 408-688-9153 for an initial consultation on your unique case. They will ensure that you are aware of all the legal options and paths to follow.