Legal Separation - How It Differs From Divorce

This article on California divorce separation will make the topic simple and easy to understand. You will know the difference between a divorce and legal separation by the end of this article. Since I'm a California Family Law attorney, I'll explain this topic according to California divorce law.

When a couple wants to end their marriage, there are three different ways to do so: nullity, dissolution, and legal separation. They can be a bit confusing at first, so let me give you a brief explanation on what makes these three processes different from each other.

First, let's talk about nullity. You may already be familiar with what this is because nullity is actually what was formerly called annulment. A nullity is a legal declaration that the marriage never existed. It declares that there was never a marriage in the first place, that nothing had come into being. If you get a nullity, you become single again and you can remarry immediately after the hearing. This is probably good news for those who have fiances already, right?

Dissolution (which is actually just another term for divorce), on the other hand, declares that a relationship does not exist anymore at the end of the dissolution. Like a nullity, your status as a singe person is restored. But unlike a nullity, which allows you to marry right after the hearing, you will have to wait for a period of time before you are allowed to marry again.

Now let's talk about California legal separation, which is the main topic of this article. In a legal separation, orders regarding children, support and property are made, but the two parties remain legally joined while living apart. This would be ideal for those who cannot stand living under the same roof anymore, but whose religions do not allow divorce. If you fight like cats and dogs but a divorce is against your morals, then a legal separation would also be helpful for you.

Another reason to opt for a California divorce separation instead of a dissolution is financial. Some benefits, such as those entitled to war veterans and those with social security, will be lost if the marriage is dissolved. These benefits remain for those who are legally separated, which is why some couples prefer this process to divorce.

The requirements needed for a California divorce separation are different from those needed to get a dissolution. Let me tell you some of them. If you file for divorce in California, a 6-month residency in the state is required. However, if you file for legal separation, no specific period of residency is needed.

Another difference is that in a divorce, California law requires a 6-month waiting period after service of the Summons before it becomes final. A legal separation does not have a time limitation.

If you're wondering what California divorce forms you have to fill out in order to file for a legal separation, you just have to use the forms for a regular divorce. There are a few things you have to do differently, though, which, to be completely honest, cannot be all explained in this article alone.

When you are declared legally separated, you are already considered as a person with single status. Thus, as a single person, you must also file taxes as someone who is unmarried. Once you have a legal California divorce separation you can file either as single, or as head of household, but only if you have a qualifying dependent, of course.