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The essential difference between acquiring a legal separation and acquiring a divorce is that in a legal separation you do not ask the court docket to terminate your marital status. A dissolution of marriage terminates the conjugal relationship by settlement of the events. A dissolution motion is initiated by the filing of a petition for dissolution with a separation settlement hooked up. Another key difference is that there isn’t a residence requirement beneath CCP Section 395 which would require one of …
The reasons for acquiring a legal separation in California and the process to accomplish it are similar to a dissolution proceeding. The course of is principally the same for a legal separation as for a divorce. All points surrounding the wedding are resolved as they might be in a full divorce continuing.
A trial separation refers to a time period throughout which spouses reside aside to determine whether or not to proceed the wedding. This trial separation has no real authorized effect, not like a authorized separation the place the events are ordered by a courtroom to satisfy certain property divisions and duties. Instead, a trial separation is viewed as a time period within the couple’s marriage. Any property or debt acquired during a trial separation continues to be thought of to be acquired through the marriage, and hence, probably marital property. This is true even if the couple in the end never will get again collectively. Not till either partner decides to finish the wedding does this property classification have the potential to alter (relying on the state the couple lives in).