Legal Separation v. Divorce

When faced with splitting from your partner or spouse, you made wonder what is the difference between legal separation v. divorce.  What happens with property?  Can you get re-married?  What about the children?

There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through.

The main difference between obtaining a legal separation and obtaining a divorce is that in a legal separation you do not ask the court to terminate your marital status. In this situation, you still must go through the same process as parties undergoing a divorce, such as dividing marital assets and debts.

Some parties choose to pursue a legal separation for personal reasons, such as religious beliefs or health insurance concerns. Others choose legal separation because of their county of residence. In all of these cases, the parties have chosen not to terminate the marriage at this time. If you choose to legally separate, neither you nor your spouse will be able to remarry without obtaining a divorce.

Whichever route you decide to take, San Diego Legal Documents will be able to assist you.  Please contact us at info@sdlegaldocs.com to set up a consultation.