Separation vs divorce in california

Usually separated spouses or partners live in different homes.

The differences between a California Divorce, Legal Separation and Annulment

Sometimes they stay in the same home, because of child-care or money issues, and have separate areas for sleeping, and do not share in daily activities together. If one spouse or partner leaves the relationship with the intention of ending it, the couple is separated, whether or not the other person agrees.

You cannot force your spouse or partner to remain in the relationship because you do not want to separate from them. You do not apply to the court to be separated.

Legal Separation or Divorce: Which is Better Financially?

Some spouses use the term 'legally separated' to refer to the fact that they have a signed separation agreement settling their family law problems with one another. Having a signed separation agreement does not mean that spouses are divorced. You are married until you are granted a divorce by the court, even if you have a separation agreement.

If you choose, you can have a lawyer write a separation agreement for you.

Legal matters when you separate or divorce

Or, you can apply to the court for an order dealing with related issues, like custody and parenting arrangements, child support, or spousal support. Some simple matters may be resolved directly between spouses without any legal help for example, where the couple has minimal property, few debts and no children , but for most people, negotiating and drafting a comprehensive agreement that will hold up in court is difficult.

Because the decisions made in a separation or divorce may have serious consequences, it's best to hire an attorney who can ensure that your rights are protected, and draft a valid agreement. Although some spouses remain friendly and reach agreements easily, most separating couples can't expect to get too far in a one-on-one discussion before emotions boil over and get in the way of a resolution.

These couples need professionals that can create a buffer, and negotiate with the other side. If you need help drafting a separation agreement, or you have questions about whether you should pursue a court-ordered legal separation or a divorce, you should consult with an experienced family law attorney who can help you decide how to proceed.

Legal Information: California

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Legal Separation vs. Divorce

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Search Term. Legal Separation and Separation Agreements in California. In California, a legal separation is not the same as a separation agreement.