Disadvantages are usually preferred. If you are not restored to single status, you will not be able to remarry. We know that bigamy is illegal in California. So if you want to remarry, you can`t just legally separate – you have to divorce. But what if you and your spouse are no longer romantic partners but have a legal or religious reason to want to stay married? In such cases, California residents may choose to open a legal separation case that allows them to protect certain financial and personal interests without ending their marriage. If one of the spouses wishes to carry out a legal separation, but the other spouse wishes to divorce, the divorce action continues. The spouse who wishes to have a legal separation has no possibility of forcing the legal separation instead of the divorce. Cases of legal separation are also initiated with the filing of an application for legal separation, which is actually the same form used to file the dissolution of the marriage. The applicant simply ticks the marriage separation box at the top of the form. Just like in a divorce action, the case is opened, a judge is summoned and a subpoena is issued. The respondent must file its response within 30 days of service of the application and subpoena. The date of separation is important for filing your application for divorce or legal separation. This is because you will claim the date of separation in your first pleading.
Your separation date will affect many things, but mainly in the characterization and division of property and debts. Legal separation and the date of separation are often confused, but they are two very different things. An agreement on legal separation covers all matters that would be covered in the event of divorce. Child support is documented and the time each parent will spend with the children. The documentation protects your interests and can be the same deal when it`s time for a divorce. Another agreement may be reached for a legal divorce if both parties do not agree on the initial agreement that they were able to try at the time of separation. In the state of California, spouses who wish to dissolve their marriage can choose from a variety of legal options. Alternatives are a “conventional” divorce procedure, arbitration, mediation, a “collaborative” divorce, legal separation and annulment. Simply living apart from your spouse does not establish a “legal” separation in California. Spouses must file court documents to obtain legal separation.
What drives couples to opt for legal separation? The date of separation is the date on which there is a complete and definitive breakdown in the marital relationship. This is proven by two factors. In California, Family Code 70 provides the authority for this. The first factor is that one of the spouses expresses to the other the intention that he wants to end his marriage. The other is that there is a behavior of that spouse that is consistent with his or her intention to end the marriage because of irreconcilable differences or other valid reasons. If a couple remains separated for a longer period of time, such as months or years, it becomes even more necessary to legally protect their interests. Often, people file a legal separation in the hope that health insurance will continue if the parties are legally separated but not divorced. For this reason, careful research must be carried out before applying for legal separation. In most cases, health insurance companies are not contractually obliged to provide health insurance to the self-employed spouse in the event of a judgment on legal separation. Both legal separation and divorce involve a couple living separately with a specific legal agreement. Legal separation is a situation where you no longer live with your spouse but remain legally married.
However, it`s not just about living apart, as it`s a specific legal agreement. Divorce is the most definitive option when you are no longer legally married. There is no waiting period for legal separation, while if you are applying for divorce, you will have to wait six months before it becomes final. To file for divorce in a particular California county, you must reside in that county for at least three months. If you haven`t lived in this county for three months, you can first apply for a separation without legal separation (which has no time limit for filing), and then amend your divorce petition once you`ve lived in the county for three months. .