Fair Cadora Family Law Image Request A Consultation

San Diego’s Most Trusted Divorce and Family Law Firm

Divorce v. Legal Separation

The differences between getting a divorce and getting a legal separation may seem many but there is really only one difference between the two; in a divorce you are returned to single status after judgment whereas you maintain your married status after a judgment for legal separation is granted. All issues in a divorce such as custody, visitation, child support, spousal support division of community assets and debts and attorney’s fees are handled exactly the same in a legal separation. The only difference is the parties remain married after judgment. Notwithstanding, obtaining a judgment for legal separation could have long last financial ramifications that a party must discuss with an experienced family law attorney and accountant before filing. In that case, why file for legal separation if all issues are disposed of by the court? There are three possible reasons to file for legal separation versus a divorce.

First, the parties’ religious and/or cultural beliefs prohibit divorce and therefore the parties remain married in order to maintain the parties’ religious and/or cultural beliefs. Religious and/or culture reasons to file for legal separation are rare but do occur from time to time.

Second, a party may want a divorce but neither party has been a resident of California for at least six months prior to filing, which is a requirement in order to file for divorce in California. Therefore, one party files for legal separation and once the party has been in California for six months, the party amends their petition to dissolution of marriage. There may be many strategic reasons to keep a case in California such as a party is pregnant and wants California to decide custody, visitation and support when the other parent is in another state or California’s family laws are more in a party’s favor than another state. Filing for legal separation and then filing for divorce after a party has been a resident of California for six months is purely strategic and should be discussed with an experienced family law attorney before pursuing.

Finally, a party may file for legal separation because they have a permanent disability and they require the other party’s insurance in order to maintain the marital standard of living. The parties agree to remain married so the disabled spousal can continue coverage under their spouse’s policy, which could off-set the supporting spouse’s spousal support obligation to a much lower level depending on what the supported spouse’s premiums would have been had the parties divorced. Again, filing for legal separation to keep a spouse on an insurance plan should be discussed with an experienced family law attorney before pursuing.

Another important point about legal separation is that the responding party must agree and consent to the legal separation. If the responding party seeks a divorce when the petitioner has filed for legal separation or the petitioner’s changes their mind before the entry of judgment, the court will grant the request for a dissolution of marriage over the party’s objection since California is a no fault state and parties may divorce based upon irreconcilable differences, which basically means for any reason. Filing for legal separation MUST be discussed with an experienced family law attorney as well as an accountant because health insurance coverage may continue unless otherwise agreed by the parties and there are tax ramifications for filing taxes married filing separately is also an important issue when deciding how to proceed with your family law matter.

Please call Fair Cadora today to schedule a consultation to discuss your options.

How to File for Divorce

Divorce is an extremely painful situation coupled with the filing requirements and court appearances can send anyone into a tailspin emotionally and financially.  So what are the steps to fil...

Different Types of Representation

What does our motto, divorce done differently, mean?  This is a question that often comes up in conversations with potential clients and the answer is quite simple… Fair Cadora provides services th...

The Dreaded Move-Away Case

Child custody litigation is some of the most emotional and costly litigation in family law for obvious reasons, namely the fact that most parents love their children more than anything and cannot b...

No Fault State and a Spouse’s Fiduciary Duty

When it comes to divorce, California is a “no fault” state which means that no matter the reason parties get a divorce, a spouse is NOT entitled to “damages” for things such as abandonment or adult...

Cooperation versus Litigation

All too often in family law proceedings, parties and their attorneys allow their emotions to control the direction the case proceeds, which always ends in the same way with the parties’ lives...

Beware the Guarantee Gremlin

Lawyers are salespeople because we sell our expertise and our time. We do not sell guarantees and you should run away from any attorney who guarantees an outcome because no matter the facts of a ca...

The Emotionally Unstable

Crazy. Nuts. Delusion. These are terms we hear everyday in our business and the reality is often much worse. Emotionally fragile people often spiral out of control and become worse and self medicat...

There is Only 1 Winner

Posted By Kevin Cadora Guess what friends? No matter what is going on in your case, you will lose. Children will be impacted, you will always pay too much support or receive too little, and propert...

The Living Nightmare

Imagine waking up to a living nightmare where everything you have built over the years and even your own children are being taken away from you. This is the reality for all our clients going throug...

The Tragic Loss of a Great Friend

On October 1, 2017 in Las Vegas Nevada at the Route 91 concert between 10:05 PM and 10:15 PM, 58 people were murdered and 546 injured by a lunatic who had no regard for anything.  One of those lost...

Request Case Evaluation

Fair Cadora Family Law Image Request A Consultation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer case evaluations to all potential clients. We want you to have the chance to connect with us and gain your trust, without added pressure. During a case evaluation, we will review the details of your case and provide you with an honest assessment of your legal options. This allows our clients to make informed decisions about their case. We believe that offering case evaluations is an essential part of our commitment to providing high-quality legal representation to the San Diego community.