So you want to know, are there benefits to a legal separation vs divorce in Orange County CA? The quick answer is yes if there is a long-lasting illness that precludes one from attaining acceptable health insurance. However, with the Affordable Care Act a.k.a. Obama Care we are still waiting for the dust to settle, as of now one cannot be denied coverage for preexisting conditions. Nevertheless, the status quo is that with a legal separation the other spouse can remain on the policy with most plans. However, some insurance companies may not allow it; therefore, you must check with your insurance agent/company to confirm.
Some individuals do not wish to have the stigma of “divorce”; therefore, they will opt to seek a legal separation. Some do it for religious reasons while others have their personal reasons.
Nevertheless, in Orange County and all of California, the law will treat a legal separation like a divorce. The parties will divide the property; establish child custody, child support and alimony.
What are my benefits in a legal separation?
Some individuals that seek out a legal separation are able to maintain their honor with their religious faith. Further, some people see legal separation, as a play on words, but as long as the law technically views the couple as still being married and prevents them from remarrying, technically it is not a divorce. Personally, I respect the direction the client wishes to go. But I will perform my due diligence in explaining the pros and cons. Most of the time the cons out weigh the pros and the clients opt to proceed with a divorce.
With a legal separation, both parties must be in agreement to proceed with a legal separation. At anytime when one of the parties decides on a divorce, the legal separation procedures stop and the divorce procedures will begin. This may add additional cost to your legal bill depending how much work needs to be redone. So, before you decide on a legal separation, make sure the other party is on the same page with you.
Legal separations are attained in the same way as divorces. Documents are filed at the Orange County family law court. All financials are exchanged.
If you have any concerns or questions regarding a legal separation in Orange County CA, please give us a call. I am a certified family law specialist, in other words I am considered an expert in the field of family law. To schedule your free consultation call, 714-971-8000.