The end of a marriage is often one of the most difficult times in a person’s life. Not only are you potentially starting over in several areas of life, but you also must deal with bureaucracy as you painstakingly untangle yourself from your partner. That’s a lot of paperwork. To cut down on the unnecessary pencil-pushing, it always pays to discuss the best way to proceed legally with your spouse (or soon-to-be-ex). Contrary to popular belief, the end of a relationship doesn’t always mean divorce is the best course of action. Legal separation can sometimes be a preferrable alternative to divorce, depending on your situation.
How is Legal Separation Different from Divorce?
The short answer is one dissolves the marriage legally while the other doesn’t. Divorce can be a long process that formally ends a marriage in the eyes of the law. The couple is no longer beholden to each other. Their assets are also divided in accordance with state guidelines or any divorce agreements. Following a divorce, both parties don’t have to concern themselves with one another, except in the case of a divorce with minor children. When a couple with children divorce, they must come to a custody or visitation arrangement as well as a child support agreement.
Legal separations do not end a marriage – at least, not legally. While you two may agree to end the relationship, a legal separation offers limited options because you’re still legally married. You both may still be responsible for debts, childcare, healthcare decisions, bills, and other binding arrangements. A legal separation, then, is simply a court order that declares the two spouses live separately while still married. The court still requires child custody and visitation arrangements and/or alimony. The court will also not allow either one to marry another person while legally separated.
Only you and your attorney can determine whether it’s best to pursue a legal separation or a divorce.
What Makes the Filing Process Different?
The filing process for both legal separation and divorce are similar, but the finality of a divorce makes the proceedings much longer. Divorces in California require a six-month waiting period before finalizing whereas a legal separation agreement is actionable immediately.
Legal separation paperwork is very similar to divorce paperwork. The couple must negotiate child custody and visitation, alimony, division of assets, and more. Some couples choose to file for legal separation as a gateway to divorce. This may help if they are waiting for benefits to activate, one spouse needs health insurance, or if they need to pool resources to ensure one spouse isn’t financially stunted once the divorce is finalized.
Divorce and Legal Separation Paperwork Help in the Inland Empire
Whether you’re filing for divorce or another family law matter, the legal document assistants of ProSe Legal have you covered. With more than 15 years of experience as paralegals in the Inland Empire, every ProSe LDA can provide compassionate, responsive paperwork help for legal needs ranging from family law to immigration to business formation and more.
If you need help getting out from under piles of legal paperwork, let our team work for you! or call (909) 497-1349.
