The procedure for filing divorce and legal separation is almost the same. There’s not that much difference between them. The only difference between them is that divorce is the complete end of marriage whether legal separation is only physical separation. A legal separation process is less costly and not that time taking than a divorce.
Legally separated couples can move together again if they changed their mind but divorced couples are required to end their relationships completely.
It’s up to you to decide whether you go for legal separation or divorce, but there’s court involvement for sure. The same court hearing will take place in this procedure.
The grounds of legal separation in California
You’re a good candidate for legal separation if you have these reasons:
- Irreconcilable differences
- Legal incapacity
According to the law of California, you should know these two grounds to be eligible for legal separation in California.
The procedure of legal separation in California
Filling California Form FL – 100 is the start step to start the process. File all the sections of this form. Also, let the court determine child custody issues if you have children through this form. Make sure that you’re going for legal separation, not for divorce. To file the form, pay the fee to your county clerk. You can also avail of some discounts if you meet some conditions. Get more information from the county clerk.
Now, start the paperwork correctly under the law. You can send the paperwork by mailing it. It’s recommended to use this method. Filling your separation papers is not the only thing. There are more papers to fill to get separated. If you have children with you check the law of California website to know about how to get custody and support to children
After all this process, you can get divorced anytime later if you want to. Make in mind before starting any progress, you need to a resident of California for at least six months. This procedure can get many complications if there are no child support or any other property division issues.
Reasons to choose legal separation in California
Here are some reasons to consider legal separation as a good option:
- You can take benefits from your spouse to get health insurance.
- All issues of child custody, property division, and all other issues are resolved.
- Legal separation is the best option if both of you think that divorce is not the right option.
- All other security benefits will be given to both of you.
- You can go for the legal separation route if you like to support your financially unstable spouse until they can stand on their own.
Reasons not to choose legal separation:
Here are some reasons you should choose this option:
You can’t get married to someone after your legal separation. It’s not the end of the marriage. Divorce is mandatory to take according to the law of California. Legal separation is not so common and recommended option at all. You are advised to get divorced if you don’t have any plan to remarry.
You are going for legal separation if you think that you will be supported financially later, and then you’re totally on the wrong path. There’s no financial support after legal separation. Don’t waste your time or money and think before you come to any decision.
Keep in mind that you’re still responsible for your children’s support even after your legal separation.
Final thought
Filling a legal separation or divorce is a difficult task to do. There are lots of formalities you need to do for them. You must take a suitable decision after keeping in mind the considerations that are discussed above.
Many people don’t go for legal separation but some of the people don’t want to get divorced due to religious problems. Often people also choose legal separation over divorce because they don’t want a tagline of DIVORCED and they are shammed to face society’s problems.
