Most marriages hit a rough patch at some point. Depending on the issue at hand, you and your spouse may have a hard time being under the same roof without arguing.
Still, divorce seems like a drastic solution, and neither of you is ready to take that final step. There are other options.
Legal separation versus divorce
Legal separation is when a married couple formally separates but remains legally married. This allows them to live apart and make independent decisions while still being legally married.
Divorce is the formal and legal dissolution of a marriage by a court. It marks the end of the marital relationship, freeing both parties to remarry.
Here are some reasons why someone may choose legal separation over divorce:
- Some people may have religious beliefs that prevent them from getting a divorce
- A legal separation allows one spouse to remain on the other’s health insurance plan
- It can serve as a trial period for couples to see if they can resolve their differences
- It gives couples time to decide if they genuinely want to end their marriage before going through the divorce process
- The couple may not have met the six-month residency requirement for a divorce in California
There are some drawbacks to choosing a legal separation, such as:
- You remain legally married, so you can’t remarry unless you convert the legal separation into a divorce
- A legal separation can be as costly and time-consuming as divorce, as it involves court proceedings
To proceed with a legal separation, you must file a petition with the court. Additionally, you can request that the court issue orders regarding:
1. Child custody
2. Child support
3. Spousal support
4. Division of property
If you and your spouse reconcile, you can have the legal separation dismissed.
Choosing to legally separate or divorce is deeply personal. Before deciding, it’s best to discuss your situation with someone who can review your options and help you choose the best one.