For many couples across California, making the decision to separate but not divorce is deeply personal. Anyone who experiences marital troubles might believe divorce seems like the natural next step, but some couples find that a legal separation agreement is more appropriate. So, why do people separate but not divorce? There are many different reasons that can stem anywhere from financial influences to religious beliefs, as each couple’s situation is unique.
The following are some of the most common reasons why California couples choose to separate but not divorce.
Financial Considerations
Experiencing struggles with finances can play a huge role in choosing to separate from someone rather than divorce. This is because legally separating someone can allow a couple to maintain certain financial benefits, like health insurance or tax advantages. For example, if a couple were to divorce, one spouse might lose the employer-provided health insurance they rely on from their partner. This can stay intact if the couple lives apart through legal separation, not divorce.
Religious Beliefs
Some religions either prohibit or strongly discourage two individuals from ever divorcing. For two individuals who are committed to their faith, legal separation allows them to reap the immediate benefits of a divorce without actually having one. In this arrangement, the couple will be able to live apart and work on themselves independently without feeling like they have violated their faith.
Emotional Space and Time to Reevaluate
Another commonly cited reason for legally separating is to have space to reevaluate the relationship without the finality of a divorce. This gives an opportunity for the couple to get back together without a ton of legalities involved if the time away is enough for both individuals to realize they want to remain married. During this time, both spouses can work on their own personal growth, attend counseling sessions, or just simply evaluate if divorce is what they want.
For the Children’s Sake
Some parents make the decision to separate over divorce to help reduce how much of an emotional impact their children experience. A legal separation arrangement can provide a nice, structured environment where both parties while living separately, are able to still cooperate with one another and co-parent. This can give parents the immediate space they need to handle their marital problems while minimizing how much disruption it has on a child’s life.
Uncertainty About the Future
Some couples decide to legally separate because they still need time to contemplate if a divorce is right for them. The legal separation arrangement can serve as a trial period for anyone who is looking to have some time apart while they make a final decision about the state of their relationship. It can allow someone to begin sorting out their finances and daily responsibilities to see if the permanent decision of divorce is the key to resolving their major life issues.
How to Start the Legal Separation Process
To start the legal separation process in California, you first need to file a petition for legal separation with the court. By working with your attorney, the documents you file will contain all necessary information about your marriage, such as the date of marriage and if any children will be impacted. You can also include the grounds for separation, which in California could simply be irreconcilable differences.
After the petition has been filed and submitted to the appropriate legal bodies, your spouse will be served these documents. This ensures they have been formally notified of your intention to legally separate and gives them the opportunity to respond. Next, both spouses will work with their attorneys to start working out important details like how property will be divided during the separation and what financial support should be awarded to a lower-earning spouse.
Once all documents are submitted, the court will issue a judgment of legal separation. This will finalize the terms and conditions of the arrangement and allow both parties to start living separately under these terms.
FAQs
Q: Is It Better to Get Divorced or Separated?
A: Whether or not the decision to get divorced is better than being legally separated is up to each couple, as the details of each arrangement will work differently based on each couple’s unique situation. Because divorce is a permanent decision that cuts all legal ties with one another, it might be too harsh of a route to take if two people just need some space to reflect. However, if a couple is dealing with issues they feel are unresolvable, a divorce might be the better option.
Q: Can You Date Someone While Legally Separated?
A: Yes, there is no law in California that makes it illegal to date someone else while you are in a legally separated arrangement. As long as you are comfortable with the emotional implications of the decision, it’s fine to date someone else. In some cases, this decision could complicate matters. This is especially true if there are ongoing child custody decisions being made, as your ex-spouse might feel uncomfortable with their child spending time with your new partner.
Q: How Long Can a Legal Separation Last in California?
A: Any legal separation arrangement can last indefinitely. These decisions do not have an expiration date that would require both parties to regroup and decide if they want to move forward with a divorce or get back together. However, both parties are welcome to divorce or get back together at any point they are both willing to. Because legal separation leaves a marriage intact, this option will always be on the table for consideration.
Q: Can Legal Separation Lead to Divorce?
A: Some couples worry that a legal separation means that divorce is inevitable. While it may seem like moving away from one another and living independently feels like you have been divorced, it does not automatically mean that this will happen. Sometimes, the space apart encourages both parties to come back together and reconcile their differences. If not, the decisions made to legally separate can help finalize a divorce faster if necessary.
Contact Khalaf Law Group Today
If you are debating on whether a legal separation or divorce is the right option for you, contact the attorneys at Khalaf Law Group as soon as you can. We have the knowledge and experience you need to help make the most informed decision possible for your case. Contact us today to learn more.
