Family Law Blog

Divorce or Legal Separation? What's Best For You?

Friday, March 18, 2016

Going through a divorce or separation is tough for all parties involved. There are times, however, where legal separation is more beneficial for both people. Do you know which is best for your circumstances?

In this post, we'll cover some basic questions and answers about which route is best for you: divorce or legal separation.

First, do you know what the grounds are for divorce? According to The State of California, there are two reasons for dissolution:

  • Irreconcilable differences
  • Incurable insanity

In both cases, your spouse must have lived in California for six months and in your county for at least three months prior to filing. On the other hand, legal separation has no residency requirement.

Second, it is possible to apply for a legal separation or annulment instead of a divorce. For additional information on the particulars of your case, click here to read more about both.

Third, to file for divorce, you must gather the proper paperwork. Do this by purchasing dissolution paperwork from the county clerk, or by clicking here and reading more from the California Courts homepage.

Then, once you have all of the necessary paperwork, your attorney will prepare a Petition and a Summons.

Last, remember that California is a "no fault" divorce state. A no fault divorce state means that:

[T]he spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.

No matter what decision you choose, remember that you should never go through a divorce or legal separation without a family divorce attorney.

We can help you through your tough times. Please contact us today for more information.

Jamra & Jamra are Beverly Hills family law attorneys focused exclusively on family law. Our law firm also firmly believes that legal representation should be customized for each case.