Legal Separation vs Divorce in California: What’s the Difference? 2024

Many couples who are considering a potential separation or divorce can struggle with navigating through the transition and understanding exactly what their options are. Either decision can significantly impact each person’s life, which makes it all the more crucial to know the difference between legal separation vs divorce in California. Understanding both can help you make an informed decision that aligns appropriately with your individual circumstances.

What Is Legal Separation?

In short, legal separation allows the couple to maintain their marital status while living separate lives, as it does not officially dissolve the marriage. Instead, it allows the couple to formalize their separation and address important matters, such as custody arrangements, property division, and spousal or child support. Also, since their legal marital status remains unchanged, they are not allowed to remarry while legally separated.

One procedural reason couples may choose to separate legally is to continue to maintain certain benefits of marriage, such as health insurance or tax benefits. Many individuals’ religious beliefs also prohibit divorce.

One of the most attractive benefits of a legal separation versus a divorce is the flexibility of the arrangement. If a couple chooses to proceed with a divorce after being separated, then there are typically few, if any, additional measures to take in amending their separation agreement.

On a similar note, many couples who legally separate are more likely to reconcile at some point. If they do reconcile, then they can quite easily withdraw their separation documents and move forward as a married couple, just as before.

What Is Divorce?

Divorce is defined as the dissolution of marriage and represents a definitive and irreversible end to the legal marriage between a couple. Divorce results in the complete termination of the marriage and allows for either couple to remarry if they wish.

Certain requirements must be met to initiate a divorce in California, including a mandatory six-month waiting period. Once the divorce has been initiated, the legal process generally includes two phases: negotiation and court proceedings.

During the negotiation phase, divorce attorneys assist in determining certain matters such as property division, custody arrangements, and spousal or child support, as well as any other relevant issues. Subsequent court proceedings issue a divorce decree, which officially terminates the marriage.

It’s worth noting that California is a no-fault state, which means that you do not have to submit an official reason for seeking a divorce, as fault is not considered when determining certain rulings, such as property division.

Although divorce does not have as much flexibility as legal separation, it’s important to note that divorced couples can remarry. This can be much more attractive for couples who wish for more finality and to move on permanently with their lives.

What Are the Primary Differences Between Legal Separation and Divorce?

All in all, the biggest difference between a legal separation and divorce in California is the finality of the marital status. Legal separation allows for the couple to live separately yet remain married, while a divorce terminates the marriage completely and allows for both individuals to remarry.

There are several pros and cons to each route. Legal separation offers couples much more flexibility and the ability to reconcile with minimal legal work required, while divorce, in general, is final but does allow the couple to remarry and separate more completely as they move on with their lives.

If you are considering a divorce or feel like a legal separation may be the most beneficial road for your relationship, it’s critical to consult with an experienced family law attorney to ensure that all of your options are fully laid out for you to review. Every relationship and marriage is different and involves unique circumstances, so arming yourself with the knowledge of each potential path forward can allow each of you to move onward in the way that’s most favorable to you.

FAQs

Q: How Many Years Do You Have to Be Separated to Be Legally Divorced in California?

A: According to California law, you do not have to be separated for years to be legally divorced. You and your spouse only need to wait a period of six months before being able to file for a divorce. Even if you wish to skip a legal separation altogether and go directly into a divorce, you are required to wait the full six months.

Q: What Are the Disadvantages of a Legal Separation?

A: Some of the potential disadvantages of a legal separation in California are that you cannot remarry while you are legally separated, financial matters such as joint bank accounts and credit cards may still be accessible by your spouse, and if you were to die while being legally separated, then your spouse may still have the right to receive part of your estate or savings.

Q: Is Legal Separation Faster Than Divorce in California?

A: Yes, legal separation can be faster than divorce in California. State law mandates that you must wait six months from the date of filing for divorce before it can become official and the marriage can be officially dissolved, whereas there is no waiting period for a separation, which can take effect immediately.

Q: What Are the Benefits of a Legal Separation in California?

A: There are a few attractive benefits of a legal separation as opposed to divorce in California, including tax benefits and insurance coverage. A legal separation allows for the couple to maintain their marital status while being able to live their separate lives. Maintaining marital status can also be important within some religions.

Finding Trustworthy Legal Representation for Your Case

Whether you would like to dissolve your marriage completely and move forward with your life or proceed with the flexibility of a legal separation, it’s paramount that you consult with a reputable family lawyer who has direct experience handling divorce and separation cases in California.

At All American Law, our team of experienced family lawyers can help you navigate the various complexities of either legal process while taking on every individual case with a personalized approach that emphasizes diligence and compassion. We understand how sensitive and emotionally trying these cases can be.

Contact us today and schedule a consultation with our team.