Legal Question in Family Law in California
Difference between Divorce and Legal Separtation
Is a legal separation done the same as a divorce with regards to property, child custody, and visitation issues? Is this ''legal separation'' something that stands enforceable in court?
3 Answers from Attorneys
Re: Difference between Divorce and Legal Separtation
A husband and wife may live separate and apart and agree between themselves on custody, support and other issues. If properly structured, and each party has the opportunity to be represented by counsel in structuring the separation, the court will accept the agreement. This will help one spouse from being responsible for the bills and liabilities of the other spouse that are incurred after the date of separation.
Also, the court itself may order a legal separation. Again, support and custody issues are often spelled out specifically in a document issued by the court. It is important to note, however, that a legal separation is NOT a divorce. Although liability for one another's bills may end as of the date of the legal separation, neither party is free to marry another person until a divorce has been finalized by the court.
Re: Difference between Divorce and Legal Separtation
Basicly a legal separation is the same as a divorce EXCEPT the parties remain married. In a divorce the marriage is disolved and no longer exists.
Re: Difference between Divorce and Legal Separtation
Dear Inquirer:
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web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, Tenants'
Rights, and Juvenile Dependencies, and EDD
hearings and appeals, as well as information
about me (education, experience, et cetera)
and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The only differences are that there is no residency
requirement for Legal Separation and the marital status
is not terminated. BUT, in responding to the Petition
for Legal Separation the other party can request a Dissolution (Divorce)
and it will be granted.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.