When considering legal separation vs. divorce, there are a couple of things for both parties to know. Both are legal agreements, but which should you file for? Below is a quick review.
Reconciliation
Couples who choose legal separation vs. divorce still have the option to reconcile and may wish to seek counseling to work through their differences. While separation often does lead to divorce, occasionally the time away from one another can help a couple revive their marriage.
Some people may choose to never formally divorce, but whether living separately brings you closer together, or pushes you further apart, it’s important to have a written agreement to protect yourself and settle any financial issues. Of course, there will be other concerns to consider if you share children.
Marital Status
Marital status is the fundamental difference between legal separation vs. divorce. In a nutshell, the only real difference is that once a judgment for legal separation is entered you are not restored to the status of a single person— you are still married. This means you won’t be able to remarry without a divorce. Everything else is exactly the same.
California’s Waiting Period
California law doesn’t require a waiting period for legal separation, however, divorce has jurisdictional requirements. It’s necessary to live within the state for six months, and the county for three months prior to filing for a divorce.
Legal separation doesn’t have the same requirement, so sometimes people will file for legal separation first and later amend their petition after the six month waiting period, changing it from legal separation to dissolution. These rules vary by state.
Whether legal separation or divorce is right for your situation, we’re here to guide you through this difficult transition in your relationship. For support, please contact us at Whipple & Mercado or call (925) 344-5050.