The Difference Between Separation and Divorce in California
In California, there is a significant legal distinction between being separated and getting divorced. It is important to understand the differences between the two.
Legal separation involves obtaining a judgment and this judgment marks the date of which you and your spouse are legally separated. However, it’s important to note that this judgment is not the same as a judgment of divorce. When you are legally separated, you are still married in the eyes of the law, and your marital status remains intact. This means that you cannot remarry.
So, why do some couples opt for legal separation instead of divorce? One common reason is rooted in personal or religious beliefs. For instance, devout Catholics may wish to adhere to their faith’s principles that discourage divorce but still need a legal solution to address the issues in their marriage. Others may choose legal separation when facing concerns like financial instability due to asset division problems, or possibly, a spouse’s gambling addiction. Legal separation allows you to address these issues while maintaining your marital status.
Now, let’s say you’ve gone through the legal separation process and later decide to marry someone else. In California, you will need to get divorced before you can marry a new partner. However, the divorce process may be more straightforward if you’ve already been through legal separation.
In a legal separation, you can resolve numerous issues typically addressed in divorce cases. These include asset division, spousal support, child custody, and visitation rights. Therefore, if you’ve already navigated these issues during legal separation and there are no significant changes that need to be addressed during a divorce, you won’t have to revisit the same concerns. This makes the transition more manageable and potentially less contentious.
The primary difference between legal separation and divorce in California lies in your marital status. Whether you choose legal separation or divorce, it’s essential to consult with a qualified attorney, preferably one who specializes in the mediation and collaborative process, to ensure your rights and interests are protected throughout the legal proceedings. Mediation and Collaborative Divorce can result in a smoother transition for both sides.
The Kim Mediation and Law Center is located at 3701 Wilshire Blvd. Suite 508 in Los Angeles, California. To schedule an appointment, call 213-352-1000 or visit www.kimmediationandlaw.com
Compassion for my clients is important to me, and that’s why I’ve remained a family law practitioner for 30 years — and still love what I do. I’m keenly aware of the emotional toll divorce can have on you and your family. As you navigate the rough waters of transition, my team and I will help you find your balance. We’re here to support you in making the best decisions for your future. I’ve seen the positive results again and again when couples embrace meditation or collaborative divorce. I’d be honored to share these practices with you and set your family on a healthy path.
