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Legal Separation. How is it different from Divorce?

Legal Separation.  Is it the same as filing for divorce?

NO. Divorce also means “dissolution of marriage.”  Whereas, a Legal Separation means you are still married.  So, other than still being married, why would one choose a Legal Separation over divorce?  This article briefly explains why a Legal Separation is an option you may want to consider.

Why a Legal Separation may be the best option for you:

  • You no longer want to live together;
  • Your religion does not accept a divorce;
  • Your culture does not allow a divorce;
  • You do not want a divorce based on your personal beliefs;
  • You want to stay on your spouse’s medical plan; and/or
  • You need other benefits that require a couple to be married.

The Results of a Legal Separation:

  • You are still married;
  • You cannot marry someone else;
  • Your community property assets are divided;
  • You will receive support for yourself and your children;
  • Your financial losses and gains are exclusively yours to own;
  • Your spouse’s financial responsibilities are no longer your concern.

In addition, you can ask the court to include the below needs into the court order :

  1. Child physical and legal custody;
  2. Visitation (parenting plan) for the other party;
  3. Decide who pays your community property debts.

Similar to a divorce, the same documents are prepared and filed with the court.  Therefore, if a Legal Separation is best for you, In Trust Legal can help you prepare the necessary court forms and file them with the court, affordably.  You can hire a lawyer if you need legal advice, but if you already know what you want, then In Trust Legal can save you thousands of dollars!

Call today for a FREE appointment!  You will be glad you did.  (805) 439-0715

This content is general knowledge and can be found on any bookshelf in a public library or bookstore in California.
Carol Ramirez
Carol Ramirez
Carol Ramirez, CLA, LDA, is a registered and bonded Legal Document Assistant providing affordable legal document preparation to consumers with the highest degree of confidentiality and professionalism.

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