In California What Is The Difference Between Legal Separation And Divorce?

[Stillmann]

The only difference I can find is that with legal separation, you can not remarry. Are there any other implications?Are there other differences in other states that have legal separation?Does the partner still have the right to obtain medical information?Make medical decisions?How about inheritance?I'm aware that I should consult a lawyer, but I would like to first hear experiences from others so that I can ask specific questions.

[Derwent]

Legal seperation is like divorce without all the perks. Being legally seperated allows a couple to focus on what they would like to have in the event of a divorce. It is a time to work out custody agreements, spousal support, etc. You would have to specify that no one would touch issues like inheritance. It can be noted in the paperwork. However, benefits are still accessible, social security, military benefits, and religious standing. If the terms of the seperation is agreeable to both parties, then a divorce becomes significantly easier. I would suggest legal seperation be a time of figuring out what is what if a divorce is immenent. Sources: opinion jynne 56 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Adnot]

When a separation is filed, the court is given the authority to make rulings regarding the marriage. These rulings can include the division of marital assets, assigning custody and stipulating support payments if children are involved, and deciding who will be required to pay what debts. Although a legal separation involves many of the same actions as a Riverside county divorce, the spouses are required to file additional paperwork to turn the legal separation into a Riverside county divorce if the separation does not produce the results they were seeking when entering the situation. [http://articles.directorym.com/Legal_Separation_VS_Divorce-a996405.html]Visit http://california-familylawyers.com/Fdiv.php for more information on divorce and legal separation in California.

[Pfeostun]

HankMoody said: 2 You can be physically separated without any financial arrangements, but my understanding is that legal separation is intended to be a transitory phase leading to a legal divorce. In a legal separation, there may be some provisions for financial support, freezing of assets, etc. to prevent any shenanigans by either party before the divorce is finalized.I do not know if the spouse can obtain medical information, but I'm sure this could be blocked. When you say "make medical decisions," for whom do you mean? For children? And my understanding is CA is a community property state, so any windfalls/inheritances/lottery winnings are all split 50/50 right up until the divorce is final.Good luck. It is an unpleasant business. 56 months ago

[Valerio]

turkermom said: 1 I know you asked about CA, but my experience was in Maryland(and way back in 1988 too). As it was then, at the end of one year, you either had to file for a divorce or the legal separation was nul and void.Since we had no kids, I'm not sure about the difference in custody arrangement with a separation vs divorce.Ask about alimony too. I didn't ask for any(wouldn't have gotten it anyway what with him having no job) and wouldn't have paid him if I was told to(yes, I am a stuborn woman). If you are going to pay/receive it, does it start during a separation?? 56 months ago

[Robb]

Being legally seperated allows a couple to focus on what they would like to have in the event of a divorce. It is a time to work out custody agreements, spousal support, etc. You would have to specify that no one would touch issues like inheritance. It can be noted in the paperwork. However, benefits are still accessible, social security, military benefits, and religious standing. If the terms of the seperation is agreeable to both parties, then a divorce becomes significantly easier. I would suggest legal seperation be a time of figuring out what is what if a divorce is immenent.

[Rainger]

With legal separation and divorce, the difference is the former requires more paperwork to be filed. When a separation is filed, the court is given the authority to make rulings regarding the marriage. These rulings can include the division of marital assets, assigning custody and stipulating support payments if children are involved, and deciding who will be required to pay what debts. Although a legal separation involves many of the same actions as a Riverside county divorce, the spouses are required to file additional paperwork to turn the legal separation into a Riverside county divorce if the separation does not produce the results they were seeking when entering the situation. [http://articles.directorym.com/Legal_Separation_VS_Divorce-a996405.html]Visit http://california-familylawyers.com/Fdiv.php for more information on divorce and legal separation in California. Sources: http://articles.directorym.com/Legal_Separation_VS_Divorce-a996405.html newuser42297932 56 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Joanie]

You can be physically separated without any financial arrangements, but my understanding is that legal separation is intended to be a transitory phase leading to a legal divorce. In a legal separation, there may be some provisions for financial support, freezing of assets, etc. to prevent any shenanigans by either party before the divorce is finalized.I do not know if the spouse can obtain medical information, but I'm sure this could be blocked. When you say "make medical decisions," for whom do you mean? For children? And my understanding is CA is a community property state, so any windfalls/inheritances/lottery winnings are all split 50/50 right up until the divorce is final.Good luck. It is an unpleasant business.

[Birkey]

I know you asked about CA, but my experience was in Maryland(and way back in 1988 too). As it was then, at the end of one year, you either had to file for a divorce or the legal separation was nul and void.Since we had no kids, I'm not sure about the difference in custody arrangement with a separation vs divorce.Ask about alimony too. I didn't ask for any(wouldn't have gotten it anyway what with him having no job) and wouldn't have paid him if I was told to(yes, I am a stuborn woman). If you are going to pay/receive it, does it start during a separation??