What is the Difference Between Legal Separation and Divorce? Consult Family Law Attorney California

Are you confused about the difference between legal separation and divorce in California? In this comprehensive video, attorney John Castellano from Hartley Lamas sheds light on this topic. With over 25 years of experience in family law, he breaks down the distinctions and similarities between legal separation and divorce, helping you navigate the complexities.
If you want to consult an expert divorce attorney nearby, look no further than us. Get a thorough evaluation of your case from our experienced family law and divorce attorneys. We can assist you whether you are going through a separation, seeking divorce or alimony, or need a family law attorney to represent yourself in family court. If you have any further queries to discuss with our certified attorneys or seek legal counsel about a family law matter, contact Hartley Lamas et al. today at 833-647-2377.
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Legal separation and divorce are two types of cases that share many similarities. Both processes allow you to address crucial matters such as property division, parenting orders, child support, spousal support, and restraining orders. However, the primary difference lies in one critical aspect: legal separation does not dissolve the marital status, whereas divorce does.
Why would someone opt for a legal separation instead of a divorce? There are a few common reasons. First, legal separation can be pursued without satisfying the strict residency requirements for divorce cases. This makes it a more convenient option for seeking court assistance promptly. Later, if the jurisdictional requirements for divorce are met, it is possible to convert the legal separation case into a dissolution case.
Secondly, some individuals may choose legal separation due to emotional considerations. They might not be psychologically ready to label their situation as a divorce. Legal separation offers a less emotionally weighty alternative. However, it's important to note that if the other party is ready for a divorce, they can convert the case accordingly.
Lastly, legal separation was commonly used to maintain health insurance coverage in the past, particularly if one spouse relied on the other's policy. However, most insurance companies now treat legal separation judgments similarly to divorce judgments regarding coverage eligibility. Therefore, it's crucial to investigate the current criteria to ensure the desired outcome.
It's worth mentioning that both parties must agree for a case to proceed as a legal separation. If one party wants a divorce instead, the case will be converted accordingly. Additionally, it's common for individuals to confuse the legal concept of the "date of separation" with legal separation itself. The date of separation refers to when one party determines that the marriage is irreparable. This date affects how property is characterized in the case, following California's community property principle.
If you have questions or need further clarification on legal separation and divorce in California, contact Hartley Lamas using the contact information below. Don't let confusion hinder your understanding of these important legal matters.
The video is a general overview based on our attorney's opinion here at Hartley Lamas Et Al. Every claim is distinct, and the applicable law can vary from case to case and depends on multiple factors. This video is in no way intended as legal advice. This video does not create an attorney-client relationship. Contact Hartley Lamas Et Al. for a personalized case evaluation.
Video Timeline:
0:00 Introduction: Exploring Legal Separation and Divorce in California
0:22 Similarities and Differences: Legal Separation vs. Divorce
1:00 Key Components: Property Division, Parenting Orders, and Support
1:18 Reasons for Choosing Legal Separation over Divorce
2:29 Emotional Considerations: The Decision to Pursue Legal Separation
3:19 Health Insurance Coverage: Exploring the Role of Legal Separation
4:01 Important Considerations and Eligibility Criteria
4:58 Mutual Agreement: Proceeding with Legal Separation
5:49 Date of Separation vs. Legal Separation: Clarifying the Difference
7:26 Conclusion: Seeking Further Assistance and Guidance

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Hi thank you for this video. What about buying property prior to marriage but with the fiancé name on it and then he became a husband ? Who gets what in that situation