It’s probably safe to say that no one goes into a marriage expecting it to end in separation or divorce. For many people, though, this turns out to be an unfortunate reality. Whether people just grow apart or something happens that fractures the marriage to the point where it can’t be reconciled, separation and divorce are always difficult decisions.
Many couples who may want to split up don’t necessarily turn straight to divorce. They may start with a legal separation, and there can be many benefits to this method.
California is a No-Fault State
California is considered a no-fault state regarding divorce and separation. This means you don’t have to show that one specific party was at fault in order to obtain a legal separation (or a divorce). One spouse simply has to allege that there are irreconcilable differences that make the marriage unsustainable. In order to become legally separated based on these grounds, both parties must be in agreement.
When Separation Makes More Sense than Divorce
In California, a legal separation is created by a court order from the state. This allows partners to live separately without getting divorced. Typically, decisions have to be made regarding financial responsibilities, debts, assets, child custody or support, and more, which the courts will assist with.
Regardless of the situation, making the decision to divorce your spouse is a significant one and not something that most people take lightly. In some circumstances, though, it might be better to start with a separation. The following are some of the reasons why a legal separation might be more beneficial:
Easier And Faster
In many cases, a legal separation is much easier and quicker than going through a divorce proceeding. In California, there is a waiting period of six months before the divorce can be finalized.
The decision is made almost immediately by a judge when a legal separation is chosen. The parties can then go their own ways and decide later if they want to follow through with getting divorced, stay legally separated, or get back together.
Religious Beliefs
Many people enter a marriage believing that it must truly last for a lifetime. Because of their religious beliefs, they simply aren’t comfortable getting divorced. This can be very difficult to deal with because most people don’t want to stay in a marriage that they aren’t happy with.
A legal separation allows the couple to stay married but to live and maintain separate
lives for as long as they wish – even forever.
Financial Benefits
There are often financial benefits to staying married. If you file your taxes jointly, it’s possible that you’ll receive financial benefits. Additionally, if either spouse receives health insurance through employment and is able to extend that to the other spouse, this is usually a significant financial benefit. Health insurance can be incredibly expensive, so if one party is covered for or inexpensively through work, the marriage may be worth holding onto, depending on each person’s circumstances.
Additionally, people who are married for ten years or longer are entitled to a larger share of their spouse’s social security benefits than those who divorce before they reach the ten-year mark. This could play a factor in choosing to legally separate rather than filing for divorce.
Trial Separation – Possible Reconciliation
Before rushing into a divorce, many couples decide to do a trial separation first. This is often the case when both parties still want to work on the marriage and see if they can reconcile their issues.
They might attempt couples counseling, individual counseling, or just give each other some much-needed space in order to see if they can rekindle a connection. If they later decide that divorce is the only way forward, at least they know that they have tried everything possible to continue their marriage.
Contact Bruce A. Mandel Today For Help With Child Support Payments
If you and your spouse are contemplating legal separation or divorce, it’s a good idea to consult with an experienced family law attorney for assistance. There are many factors to consider, especially when you have children and own property together or have many other combined assets. If you have any questions or you need help with the next steps, Attorney Bruce A. Mandel is always available to help.
With three decades of legal experience, you can be certain that you’re in good hands when you hire Bruce A. Mandel. Be sure to follow him on Facebook for more information about his firm and more California family law matters. Call today at (424) 250-9130 or use this form to schedule a FREE and confidential consultation. Bruce can help you through these trying times.
