If your marriage is beyond the point of revival, you have two choices to consider in California – separation, and divorce. Divorce, also called the dissolution of marriage, is the end of a marriage. Once you are divorced, you can choose to get married again and move on with your life, and so can your spouse.
The basics
A legal separation is more like a trial divorce. You can get legally separated and decide on all key aspects like child custody, child support, and finances with your spouse. However, you are not allowed to marry until you get a divorce. Also, you can continue to get tax and government benefits as a married couple. Top firms like Law Offices of John A. Bledsoe offer low-cost consultations for clients, and no matter what situation you are in, you may benefit from talking to a lawyer. In this post, we are sharing the process of getting a legal separation in California with other key details.
The legal process
To get a legal separation, you need to decide on the ground, which could be irreconcilable differences. The other ground available is incurable insanity. You and your spouse can file the petition for legal separation. If you don’t understand the legalese, get an attorney on your side. You are required to file the FL-100 at your county court. You also need to share details related to finances, assets, and children. If you have minor children, you need to fill out the FL-105/GC-120 form too. Once you pay the final fee, you can initiate the proceedings.
The need for legal separation
Well, couples often choose legal separation for personal reasons. If you want to be on your spouse’s health insurance plan or want to continue to get social security, tax, and other government benefits, going for legal separation is always better than a divorce. Many people also don’t believe in divorce because of religious reasons, while others choose legal separation because they still have hopes of reconciling with their spouse. In some cases, a legal separation may help spouses in taking time off from each other so that they make a decision. Unlike a divorce in California, where you need to wait for at least six months, you can get a legal separation immediately.
If you still have your doubts, speak with your lawyer and ask them how you can deal with the situation better. You may need to discuss things with your spouse to end things smoothly.
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