Maxwell Hills | April 29, 2024 | Divorce
California couples who want divorce might already be going through a lot of feelings and financial problems. They might want to separate but aren’t sure if doing a legal separation or divorce is better.
The big difference between legal separation and divorce in California is that with legal separation, couples can live apart but are still married. On the other hand, divorce ends the marriage and they can get married to someone else.
But every couple is different, and everyone’s situation is unique. So, if you want to avoid any issues, you must hire the best best divorce lawyers in Orange County, California. In this article, we will discuss the pros and cons of legal separation and divorce in Orange County which will help to choose one option. Let’s have a look!
What Are the Requirements for Legal Separation In California?
Requirements for legal separation and divorce are the same except for one: there is no residence requirement for legal separation. Only one spouse should reside in California to file for it.
Plus, the steps and instructions are the same but when you’re doing a legal separation, you tick a different box on the papers instead of the one for divorce.
The steps to do a legal separation in California are the same, too. You use the same papers for the court and follow the same instructions. But when you’re doing a legal separation, you check a different box on the papers instead of the one for divorce. Last but not least, divorce lawyer consultation gives you peace of mind.
7 Benefits of Legal Separation In Orange County, California
- Religious & Financial Freedom
You and your partner can live apart without getting divorced. This might be a good idea if you don’t want a divorce because of your feelings, your religion, or your financial situation.
- No California Residency Requirements
If you don’t live in California long enough to get a divorce, you can still legally separate and live away from your spouse until you can.
- Marital Benefits Exist
You can still get some advantages that come with being married, like military benefits, health insurance, and Social Security.
- Easy Reconciliation
If you and your partner get back together after legally separating, you can undo the separation.
- Assets Remain Separate
When you legally separate, anything you earn or own after that is called your separate property. So if you end up getting divorced later, those assets won’t be divided up under California’s property rules.
- Makes the Divorce Process Easier
If you want to change your legal separation into a divorce, it can make things simpler. You just have to ask the court to do it, and you don’t need any extra papers.
- Legal Separation Is Cost-Effective
The process of legal separation in Orange County is simple and cost-effective. Remember one thing, this simple process can be hectic in the absence of the best divorce attorney in Orange County.
What Are the Disadvantages of Legal Separation In California?
Here are some possible disadvantages of legal separation in California:
- Legally Can’t Remarry
According to the law, you’re still married when you’re legally separated, you can’t marry someone else.
- Spousal Property Rights Doesn’t End
If you pass away while you’re legally separated, your ex might still get some of your property or savings.
- Spouse Can Use Financial Amenities
When you’re legally separated, your joint bank accounts and credit cards are connected to your ex-spouse. This thing can create financial problems such as bad credit scores and debt etc.
Legal separation is a personal decision but you think about this option carefully. If you’re still in a dilemma about what to do, it is suggested to contact an experienced divorce attorney in Orange County.
What Are the Requirements for Divorce in California?
There are a few things you need to do to get divorced in California. First, you have to be eligible, which means one person has to have lived in California for six months and in the same county where you’re filing for three months.
Second, all divorces in California are “no-fault,” which means nobody has to say why they want a divorce.
Third, California has specific steps for getting divorced. After filing, there’s a six-month waiting time. One person starts by giving the other person papers. Then, the couple figures things out together, either by talking, using a mediator, or with lawyers. Finally, a judge makes the final decision.
5 Advantages of Divorce In Orange County, California
- The Remarrying Option Is Open
Divorce ends the marriage, and you can marry someone else if you want to. But for this, you should know how to file a divorce in Orange County. If you have little knowledge, you must hire the best divorce lawyers in Orange County.
- Equal Distribution of Property
In a divorce in California, the law says that both spouses get an equal share of the property they got during the marriage. So, everything they got while they were married gets divided equally between them.
- You Can Estimate Your Expenses & Required Documentation
If you file for divorce first, you can save money for these expenses and also get all the important legal papers ready to help with your case.
- Time-Saving & Helpful In Asset Protection
What happens if your spouse doesn’t sign divorce papers? You can get things moving by filing first without wasting time. Automatic Temporary Restraining Orders (ATROs) are a part of California law. They start as soon as your spouse gets the divorce papers. These orders stop your spouse from doing certain things, like taking your kids out of state or changing your assets or insurance policies.
- You Pick the Desired Location
The person who starts the divorce decides where it proceeds. You might choose the county where you live currently.
What Are the Disadvantages of Divorce In Orange County, California
- Divorce Ends Marriage
Divorce means the marriage is over. If you’re still hoping to fix things with your partner, it might be better to wait. You also can look for divorce meditation to normalize things.
- You Might End Up Paying More Money
Since you’re the one starting the divorce process, you’ll have to pay for the first paperwork. In California, the first paperwork costs $435, and your spouse will also pay $435 when they respond.
- Revealing Your Plan
If you file for divorce first, you’ll have to say what you want. In this scenario, your spouse has the upper hand in figuring out what to say back. That gives your spouse and their lawyer a chance to change what they say to argue against you better.
Get Help from the Best Divorce Lawyers in Orange County, California
If you need more information about legal separation or divorce in California, contact the lawyers at Hills Law Group. We will listen to what’s going on with you, look at your situation carefully, and give you honest advice you can trust. Whether you have a case with child custody or legal separation and divorce, Hills Law Group can help. Get in touch with us today to get help and set up a private talk.