Legally Separated or Divorced?
Although no one enters into marriage with thoughts of ending their relationship, the truth is that not all marriages last a lifetime. In these instances, couples looking to exit their union have several options to consider, each with their own legal nuances, We want to take a quick moment to examine the differences between legal separation and divorce, as they carry different
Divorce versus Legal Separation in California
The main difference between these two options is the finality of divorce. It permanently dissolves your marriage, which means that you are no longer wed in every legal aspect. This means that if you and your partner decide to get back together, you would be required to remarry and be issued a new marriage license. Divorce also frees either party up to marry another peson.
Legal separation is not quite so permanent. Both partners are still considered legally wed, but it gives them a chance to live separately from each other. Generally, formal terms of the separation are set out, which deal with matters such as custody, family finances, home ownership, and more. Neither partner is allowed to marry another person without divorcing first, but they must still remarry if they decide to get back together.
It is worth nothing that you are not required to be legally separated for any period of time before proceeding with a divorce.
Finally, annulments differ in the sense that they “cancel” out a marriage and it is as if neither party was ever married. It is typically only applied to special circumstances, so most people opt for legal separation or divorce.