How are Divorce and Legal Separation Different?

How are Divorce and Legal Separation Different?

Date: Oct 30, 2023
In: Divorce

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How are Divorce and Legal Separation Different?

In the realm of family law, the terms ‘legal separation’ and ‘divorce’ may be used interchangeably by some, but it is essential to understand that they bear distinct legal implications in the state of California. This post aims to shed light on the differences between these two concepts, particularly in relation to common issues that couples may face when separating, such as property division and parental rights.

Legal Separation in California

Legal separation, within the context of California law, does not mark the end of a marriage or a domestic partnership. Instead, it allows spouses to live separately while retaining their marital status. During this process, the family court may intervene to determine the rights and responsibilities of the separated spouses, or the spouses may reach an agreement on their own, which they submit to the court for approval. These decisions can encompass areas such as child custody, child support, spousal support, and division of assets.

The Basics of Divorce

Divorce signifies the legal dissolution of a marriage, thereby terminating the marital relationship entirely. This termination grants both parties the liberty to remarry, should they wish to do so. Much like legal separation, issues of child custody, child support, and division of assets are also addressed during a divorce proceeding. However, divorce leads to a permanent end of the marital relationship, unlike legal separation.

Key Differences of Legal Separation and Divorce

Each couple will need to decide which legal process is the best choice for their unique circumstances, but understanding the main differences between these two legal procedures can help in the decision-making process.

Marital Status and Ability to Remarry – The distinction in marital status forms one of the key differences between legal separation and divorce in California. In a legal separation, the spouses continue to remain married, while a divorce dissolves the marriage completely. This distinction carries implications for various aspects, including the ability to remarry and the retention of certain marital benefits.

Division of Assets and Debts – Both legal separation and divorce may involve the court’s intervention in dividing marital property. However, during legal separation, spouses generally retain access to certain marital benefits such as life insurance and health insurance. In contrast, these benefits may cease to exist post-divorce, although this will depend on the terms of the divorce agreement.

Parental Rights and Responsibilities – The division of parental rights is another significant area of difference. The court determines or approves agreements for child custody, visitation rights, and child support in both legal separation and divorce scenarios. However, the spouses remain legally married during a legal separation, which may impact certain decisions regarding the children.

Family Transitions May Be Easier with Compassionate Legal Guidance

Navigating the complexities of family law can be challenging, particularly when considering legal separation or divorce. Seeking competent legal assistance during such trying times may help you understand what to expect and aid you in making well-informed decisions. With a skilled and knowledgeable family law attorney on your side, you can focus on your family and the next chapter of your life.

Miranda, Magden & Miranda, LLP, with its team of experienced attorneys, can provide the necessary guidance and support throughout this process. Our team comprehends the intricacies of family law and can help you understand the legal requirements and protect your rights. Do not hesitate to contact us for a consultation today.

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