WHAT IS DIFFERENCE BETWEEN DIVORCE & LEGAL SEPARATION IN CALIFORNIA? VIDEO #3 (2021)

WHAT IS DIFFERENCE BETWEEN DIVORCE & LEGAL SEPARATION IN CALIFORNIA? VIDEO #3 (2021)

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Tutorial video explains differences between getting a Divorce Judgment versus getting a Judgment of Legal Separation. The video also explains the advantages and disadvantages of both types of proceedings. In almost all cases, you want to file for divorce and not a legal separation. A

divorce and a legal separation are nearly identical. Whether it is a divorce or a
legal separation, the court divides your property and debts, makes child custody
orders, and issues child and spousal support orders. Whether it’s a divorce or a
legal separation, you fill out the same court forms. In fact, a petition for a divorce
and a petition for a legal separation are the exact same court form. You just
check different boxes. You attend the same hearings and go through the same
court process. The main difference between the two proceedings is that a
Judgment of Divorce terminates your marital status while a Judgment of Legal
Separation does not. This is the third video in a series of DIY divorce videos. It explains some of the common reasons why people file for a Legal Separation instead of a divorce including the following: 1) Can’t meet California’s six month residency requirement for a divorce; 2) Want to continue to be covered under spouse’s employer’s health insurance plan; and 3) Religious beliefs. If you get a legal separation instead of a divorce, that can present a
problem because you are still married to your spouse.This
means you cannot remarry. If you obtain a judgment of legal separation and later decide you
want to marry someone else, you will have to file a whole new court proceeding
in order to dissolve your marital status. You will have to file a divorce petition and
pay the court clerk a filing fee. The only issue in the subsequent divorce action
will be the termination of your marital status. You won’t have to re-litigate
custody, support or property issues.

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