In California, there are three ways to end a domestic partnership or marriage: dissolution, commonly known as divorce, legal separation, and annulment, also known as nullity.
When it comes to divorce, there never is an easy way to tackle this complicated issue. Legal separation may be a choice you make depending on the unique circumstances you and your partner encounter.
According to the Superior Court of California, legal separation is similar to the dissolution of marriage, except both parties remain married to one another. Both parties can include resolution of issues regarding child custody, visitation, child support, spousal support, asset and debt division, former name restoration, and restraining orders. During the tenure of legal separation, neither party can marry or enter a domestic partnership with another person.
Legal separation has been viewed as the foundation for a divorce agreement. You may find information on how to file for a separation agreement, but it is important to consult an experienced family law divorce attorney so you are apprised of your legal rights and on important legal issues regarding your situation during this process.
California is a no-fault state, which means when filing for divorce or a legal separation, the asking party does not have to prove the other party did something wrong. For both divorce and legal separation, you must choose between irreconcilable differences or the incurable insanity of your spouse. While divorce requires you to be a resident for six months then wait six months before the divorce is final, there is no residency requirement or waiting period for legal separation.
Some couples may choose legal separation instead of divorce for the simple fact of needing to maintain the marital status. Some may need to maintain their marriage status in regards to tax filing status, health insurance, or immigration. Having a legal separation allows them to live apart without affecting their other rights.
Another strong reason one may choose legal separation over divorce is that one may feel that legal separation gives them the necessary legal space apart to be able to consider their options. Legal separation is a softer action to take, rather than the finality of divorce.
For comprehensive legal counsel on your options during your divorce or legal separation, contact Azemika & Azemika Law. We will craft fast and effective solutions for your unique circumstances and needs. We will fight for and protect you and your family during the separation and divorce process.