Hi! I’m Emily Robinson with the Dion Law Group. I practise Family Law in Woodland Hills and Westlake Village California. A question I get asked a lot is: Should I get a legal separation or should I get a divorce?
People don’t neccessarily know what the difference is. A lot of times I get asked should I get a legal separation before I get a divorce? In a Legal Separation, everything is divided. Your assets are divided. Support is determined. Basically, exactly the same as a divorce. The difference is at the end of the process, you’re still technically married. So there’s not much point in doing a legal separation before doing a divorce because the legal separation will do the same things as divorce. And you’ll still be married at the end.
Related Read: What is Legal Separation?
Some reasons to do legal separation instead of a divorce would be for health insurance purposes to stay legally-married. Possibly, you don’t meet jurisdiction requirements to file for a divorce in California. So there are reasons why some people might want to do a legal separation. But to do one instead of a divorce is different than thinking that you need to legally separate before you can pursue a divorce – because that is not the case.