In mediation, you and your spouse work with a mediator
Dina Haddad
March 16, 2023
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Dina Haddad
Founder & Attorney Mediator
I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created The Complete Divorce. I took my successful mediation practice and condensed it into an affordable and winning program.
Legal separation in California provides couples with a formal way to address finances, parenting and responsibilities without ending the marriage. Legal separations address all of the same issues that divorce does including property division, custody and support issues. A legal separation is not faster than a divorce. This is a common misnomer.
While it is not easier or faster than a divorce (it follows the same legal procedures), the spouses are still married after they complete the process of legal separation.
However, if either spouse files for divorce, instead of legal separation, the case will be a divorce. In other words, both parties have to file for legal separation for a legal separation to be ordered.
In regards to speed, parties mistaken the 6 months rule in divorce with the length of time for a legal separation. The 6 months rule is only related to the dissolving of the marital status, and not how soon you can have your divorce entered by the court.
It will take the same couple the same amount of time to have their legal separate judgment entered as it would take them to get a divorce judgment entered.
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Legal separation is a legally binding document which states the rights and responsibilities of both parties to the marriage during the marriage and has exactly the same four core issues as divorce:
The primary difference between legal separation and divorce is that you remain married with legal separation.
Related: Types of Divorce in California?
The advantages and disadvantages of being legally separated in California will be based on your purpose. Legal separation is a way to have some order and protection without terminating the marriage.
This option would work best for those who need clarity but do not want to take the next step and end their marriage legally at that time.
Benefits of legal separation in California include:
Legal separations have many disadvantages, and these include:
Legal separation is most effective in cases of mutual necessity. Legal separation is appropriate for individuals who want to stay legally married or do not want to divorce for religious reasons.
Dissolution of marriage is the correct option if either party wishes a complete legal end to their marriage or will marry someone else.
Manually filing divorce documents and litigation is costly, stressful, and risky to both parties involved in the process. The Complete Divorce is an affordable ($49.99 per month) way to guide you through the divorce process in a structured format so that you will be able to prepare your own court-ready documents, eliminating much of the guesswork.
Legal separation has nothing to do with simply wanting to avoid getting divorced. It’s an opportunity to control the timing of your decision and its consequences.
If done properly, legal separation can be beneficial for structuring the process of separating, protecting both parties’ financial interests, and reducing uncertainty. The success of legal separation relies solely on how well you execute this process.
It depends on what you want. Legal separation and divorce require the same filings in California courts and the same costs.
However, in a legal separation, the parties are still married. In some situations, the non-employee spouse may be able to remain on the employee’s spouse health insurance. Legally separated spouses cannot remarry. If you want a full break of your marriage, you would need to file for divorce.
Yes. A service such as The Complete Divorce can help guide you through completing the required paperwork using online forms. This platform offers many tools and services, such as an attorney reviewing your documents, as well as providing the ability to manage your entire case file online.
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