Posted by DivorceLine in CALIFORNIA DIVORCE SEPARATION 101 – HOW IT DIFFERS FROM Standard DIVORCE
This article on California divorce separation will make the topic basic and basic to realize. You will know the distinction between a divorce and legal separation by the end of this article. Simply because I’m a California Family Law attorney, I’ll explain this topic according to California divorce law.
When a couple wants to end their marriage, there are 3 unique methods to do so: nullity, dissolution, and legal separation. They can be a bit confusing at initial, so let me give you a brief explanation on what makes these 3 processes distinct from every other.
First, let’s talk about nullity. You may possibly already be familiar with what this is due to the fact nullity is really what was formerly known as annulment. A nullity is a legal declaration that the marriage never existed. It declares that there was never a marriage in the initial location, that nothing had come into being. If you get a nullity, you turn into single once more and you can remarry instantly after the hearing. This is almost certainly very good news for those who have fiances already, appropriate?
Dissolution (which is truly just yet another term for divorce), Nevertheless, declares that a relationship does not exist anymore at the end of the dissolution. Like a nullity, your status as a singe individual is restored. But unlike a nullity, which makes it possible for you to marry appropriate after the hearing, you will have to wait for a period of time just before you are allowed to marry once more.
Now let’s talk about California legal separation, which is the major topic of this article. In a legal separation, orders concerning youngsters, aid and property are made, but the two parties remain legally joined even though living apart. This would be perfect for those who can’t stand living under the exact same roof anymore, but whose religions do not allow divorce. If you fight like cats and dogs but a divorce is against your morals, then a legal separation would also be useful for you.
Yet another reason to opt for a California divorce separation instead of a dissolution is financial. Some advantages, such as those entitled to war veterans and those with social security, will be lost if the marriage is dissolved. These advantages remain for those who are legally separated, which is why some couples prefer this process to divorce.
The requirements required for a California divorce separation are unique from those required to get a dissolution. Let me tell you some of them. If you file for divorce in California, a 6-month residency in the state is needed. Nonetheless, if you file for legal separation, no particular period of residency is required.
Yet another distinction is that in a divorce, California law requires a 6-month waiting period after service of the Summons just before it becomes final. A legal separation does not have a time limitation.
If you’re wondering what California divorce forms you have to fill out in order to file for a legal separation, you just have to use the forms for a typical divorce. There are a few things you have to do differently, though, which, to be totally honest, can’t be all explained in this article alone.
When you are declared legally separated, you are already considered as a individual with single status. Thus, as a single individual, you need to also file taxes as a person who is unmarried. Once you have a legal California divorce separation you can file either as single, or as head of household, but only if you have a qualifying dependent, of course.
