Choosing Between California Divorce and Legal Separation
There is more than one way to approach the end of a marriage in California:
- Divorce. Also called dissolution of marriage, divorce marks the final end to a marriage or domestic partnership.
- Separation. Couples that are not ready to end their marriage or domestic partnership can live apart under the protection of a legal agreement that specifies such issues as parenting and property division.
The California Courts Self-Help Center provides information designed to educate individuals who are contemplating the end of a marriage. A free initial consultation with an experienced Orange County family lawyer can be invaluable in clarifying your options.
Legal separation may be the most appropriate first step
Making the decision to divorce is just as complicated as deciding to get married. In addition to negotiating or litigating parenting issues, you have to deal with complex financial decisions involving marital property, and the question of whether spousal support is needed. If a family business is involved, the process can be significantly more intricate.
Legal separation may be the only suitable option for religious reasons. And for those who have even a small degree of doubt about ending their marriage, it can offer advantages over the finality of divorce, such as the following:
- Time apart. Marital conflict occurs for many reasons, but it is not necessarily permanent. Living apart provides spouses with the opportunity to preview what divorce is like. Perhaps more importantly, the separation allows couples to remove themselves from the conflict, while obtaining counseling to see if the marriage can be saved.
- A legal contract. Although couples remain legally married during separation, they are obliged to live under conditions that resemble a final divorce agreement. This contract only extends through the period of separation, but it can expose points of agreement that need modifying, if divorce follows.
- Divorce preparation. In the event that couples decide to pursue permanent dissolution of their marriage after legal separation, they begin the process with a foundation that can make the final settlement agreement easier—and less expensive—to achieve.
As early as your free initial consultation, Orange County family lawyers can often identify circumstances that point to the need for this intermediary step before taking the final steps of divorce.
Contact an experienced family law attorney in Orange County.
For over two decades, the Orange County family attorneys at the Timothy Peabody Law Firm has been guiding clients in making the right decisions when facing marital strife. To schedule a free initial consultation with Mr. Peabody today, contact the Timothy Peabody Law Firm, or call the firm at (949) 200-4610.
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