Filing for Divorce Does Not Mean You Are Legally Separated: Learn the Difference and Why it Matters
Posted on: June 17, 2019
It is common for people to believe that legal separation is the same thing as having filed for divorce. This is not the case in the state of California. In some cases, couples want to temporarily separate and they file for a legal separation. It offers them legal protections they would not have without it. Keep reading to find out what the differences are between these two options. If you need a legal consultation with an attorney, contact Law Office of Michael L. Fell at (949) 585-9055 and find out what your best options are.
The Form for Divorce and Legal Separation is the Same
When you file for divorce or separation, you will be using one form – the FL-100. This form has boxes that must be checked and you will have to choose between separation and divorce. You can also choose both of them if you want to be legally separated pending the divorce. Filing for separation can begin the process of living alone and affect things like the division of property, child custody, alimony, and other financial issues.
There is a Six-Month Waiting Period of California Divorces
You may wonder why a person would even consider filing for a legal separation if they are just planning to get divorced. The answer can be complicated, but one thing to keep in mind is that there is a six-month waiting period to get divorced in the state of California. Just because you and your spouse no longer live together during this period does not mean you are legally separated.
The Date of Separation is Important
During the divorce process, the “date of separation” is generally important. Many people confuse this with legal separation. In fact, the date of separation refers to the day that you and your spouse stop living together and sharing finances. There are several reasons that it is important.
First, it affects property division. California is a community property state, which means that anything obtained during your marriage is owned 50/50 between the two of you. Once the date of separation passes, anything you obtain should be your sole property – not joint property.
Second, it can affect when you can legally get divorced. As we mentioned above, there is a six-month waiting period for divorce in the state of California. The date you separated may affect this. If you have questions about how to get the divorce process started, or how to become legally separated, we welcome you to contact Law Office of Michael L. Fell at (949) 585-9055 now to learn more about your options.
