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?


Asked on 3/27/01, 4:32 pm

3 Answers from Attorneys

Shaune Arnold Law Offices of Shaune B. Arnold, Esq.

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.

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Answered on 6/06/01, 2:02 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 6/01/01, 12:54 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Difference between Divorce and Legal Separtation

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

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.

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Answered on 6/04/01, 4:54 pm


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