When a couple feels that they can no longer make their marriage work, they
may consider divorce. However, there are some spouses who can. While there
are many divorces that take this route, there are some spouses who can
go through other avenues to reach their goals. In some situations, the
couples may not divorce at all. Instead, they may consider a legal separation.
Not sure what this means? Our
Rancho Cucamonga divorce attorneys at Chung & Ignacio break down the differences between legal separation
and divorce, and which option is best for each specific situation.
A divorce is exactly what people expect it to be – two spouses dissolving
their marriage legally and going their separate ways. In a divorce, there
are numerous factors that must be considered before the divorce can be
finalized. This includes issues regarding residency, alimony disputes,
child custody and support agreements, property division, and more. There
are also issues concerning tax implications and division of debt, in which
divorcing couples may opt to sell their property, pay off their debts,
and split whatever remains.
There are two types of divorce: contested and uncontested. A contested
divorce means that the two parties cannot come to an agreement regarding
the terms of their settlement, and as such, they will need to present
their case before a family court in order to reach a resolution. In an
uncontested divorce, the parties are able to work together to come up
with an agreement. They have the chance to decide who gets custody of
the children, who gets what property, and how much alimony will be paid.
At the end of negotiations, they present their drafted agreement to a
judge for final approval.
There are many advantages that some couples may find in pursuing a legal
separation instead of a divorce. For instance, it can allow the parties
to maintain their marital status, which can help with medical insurance
for the entire family. In many cases, legal separation allows for the
parties to uphold religious beliefs that may frown upon divorce. Legal
separation allows for the parties to live apart and go about their lives
as if they were divorced, but without changing their marital status.
Legal separation also allows for a few other benefits, such as meeting
the residency requirements California laws stipulate in order for couples
to divorce. Many couples who go through legal separation see that it results
in one of two ways: they either end up going through with the divorce
or they use the time apart to discuss their marriage and work out their
differences, eventually getting back together to continue the marriage.
Before deciding to divorce or legally separate, couples should take the
time to make sure that they assess both of their options and choose the
one that is right for their case.
Our Rancho Cucamonga Divorce Lawyers Can Help
During a difficult time of transition, you may have a number of questions
and concerns. After all, this is a confusing process that will have a
significant impact on you and your family. If you are considering a divorce,
you need legal counsel to help you understand the pros and cons of both
divorce and legal separation. This will allow you to make the choice that
best fits your situation and which will lead you toward your family’s goals.
If you need help going through a divorce or legal separation,
call our firm today.