Legal Question in Intellectual Property in California

legal seperation

How is legal seperation from divorce?


Asked on 10/02/04, 12:39 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: legal seperation

How is legal separation different from divorce?

Legal separation dissolves the property aspects of the marital community. The couple split their assets and liabilities, just as they would in a divorce. They no longer have any community property.

Howver, legally separated couples remain husband and wife for all the non-economic social and religious purposes. They cannot remarry. They simply no longer have the financial ties.

I would say that legal separation is designed for people who need the practical, everyday-world benefits of a divorce, but who cannot or prefer not to divorce for religious or personal reasons.

There are many other small technical differences and anyone trying to choose between legal separation and dissolution (divorce) should at least have an initial consultation with a local family law attorney before deciding which to use.

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Answered on 10/02/04, 10:23 pm


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