The Law Offices of Barton Pokras Blog
Legal Separation vs. Divorce
Have you ever wondered what the difference is between legal separation and divorce? California state law is specific in regard to divorce and legal separation. In California, it take six months to become divorced. A legal separation is the filing of court documents that can immediately affect almost every legal aspect of your marriage: division of property, alimony, child support, child custody, etc – but there are several significant differences from a divorce. The most important differences are that both spouses must agree to a legal separation and many legal obligations will remain in place although you are no longer living as a married couple. Reasons a legal separation may be preferred over a divorce:
- Religious beliefs
- Neither party plans to remarry
- Extending the time period of marriage in order to receive benefits such as medical insurance or Social Security
- Allowing one party’s residence in the state to accrue long enough to allow for a divorce filing
If divorce is the right option in your case, consider a mediated divorce. Divorce mediation is a voluntary process that allows couples to resolve their marital issues outside the court system. Please call me for a confidential discussion about divorce mediation so that you have a clear understanding of your options.
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The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. Blog posts on this website are offered for general informational and educational purposes only. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this website without first seeking the advice of an attorney. The transmission of an email request for information does not create an attorney-client relationship and you should not send us via email any information or facts relating to your legal problem or question. This website also contains links to other resources on the Internet. These links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that the Law Offices of Barton Pokras sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
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