What Are The Pros & Cons Of Legal Separation In California?

by MNB Law Group Law Firm
It is true that legal separation and divorce share some similarities, but are not the same thing. Divorce is a common way that people choose to handle ending a marriage, however, it is not just the only option. Those couples who feel that it is a little too final for them to get a divorce, choose legal separation as the best alternative.

The process of legal separation goes through just like the divorce and involves property division, child custody, and support agreements. The legal separation can be filed with the courts. For this, the couple can also take the help of a family law firm, either individually or together. When a couple decides to legally separate, they have to come to the terms of their separation.

The process of legal separation involves separating the financial lives, along with parenting plan, establishing a custody agreement, and/or visitation schedules, in case children are involved. In a trial separation, the couple may decide to live apart as well as maintain the separate financials, but in a legal separation, they are bound by the order of the court on which they agreed upon and they have to legally operate as separated.

Pros of Legal Separation:-

Health Insurance Benefits:-

When a couple chooses legal separation it helps them to continue receiving the health insurance from the plan of the subscriber.

Tax Benefit:-

Legal separation help to get the federal tax breaks that married couples like to continue to get the benefits from them. With this both the partners sometimes get the chance to save a considerable amount of their money in taxes.

Peace of Mind:-

Legal separation helps the couple to get peace of mind before or without getting a legal divorce. With such an alternative to divorce, they don’t have to jump straight to a permanent ending.

Right Decision:-

It gives the couple the chance to think that either a divorce will be the right decision for them or not. Many couples who are not sure regarding the divorce due to children, assets, etc. choose legal separation on a trial basis, or before taking the final divorce decision. It is the best solution for those couples who do not want to permanently end their relationship but want to change their paths and live separately.

Make Future Divorce Simpler:-

Since the process of legal separations involves many of the similar decisions as a divorce. so it becomes much easy for the couple if they decide to divorce in the future. In many divorce cases, all it needs is just resubmitting some paperwork.

Immediate Effect:-

The process of legal separation comes into action more quickly than the divorce. It is a perfect solution for those couples who are eager to separate. This process immediately goes into effect. The separation becomes active just after the approval of separation judgment. However on the other side, in a divorce, the couple has to wait for 6 months as a waiting period.

Cons of Legal Separation:-

Can't Get Remarried:-

A legal separation doesn’t allow the couple or any partner to get remarry even after their separation. This right is only granted to those who get divorced. To get married again, the couple has to get legally divorced. In such situations, a family law firm by your side helps to make the right decision.

Financial Ties:-

In a legal separation, the financial ties of the couples remain just like before. Legal separation lets the spouses share equal ownership of their assets and debts. The couple has to carry on all their financial responsibilities even after their separation.

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About MNB Law Group Freshman   Law Firm

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Created on May 17th 2021 09:13. Viewed 373 times.


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