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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 events to have been a California resident for no less than 6 months.
The most typical cause a splitting couples select legal separation is to make formal monetary or child arrangements just as they might in an actual divorce. Legal separation allows a pair to legally cut up their property and debt. In addition, if a pair has children, legal separation, like a divorce, permits the couple to acquire court docket orders for baby custody, help and visitation. In order to acquire a dissolution of marriage, the husband and spouse should agree on both the termination of the wedding and all the phrases and situations of the separation agreement. Contact us for a no obligation session to debate your explicit case. Mr. Manka has numerous methods of cost that may let you have the best illustration attainable, with out destroying your funds.
Filing for a legal separation can present the events with various financial benefits. The six-month ready period in divorce proceedings can have an enormous impact on the tax consequences of divorce Unless the divorce petition is filed six months earlier than December 31, the events can have fewer tax options. Legal separation is often used as a device to satisfy ten-year marriage requirements for Social Security functions or navy pension advantages. We serve the following localities: Bexar County including Adkins, Atascosa, Converse, Elmendorf, Helotes, San Antonio, Universal City, and Von Ormy.
Sometimes, circumstances arise that result in couples living apart with no intent, someway, to continue the wedding. Additionally, some states have laws that require couples seeking to file a no-fault divorce to reside apart for a chosen time frame. Living separately can have an effect on the property division. Property and debt acquired while dwelling separately is classed in a different way depending on what state the couple lives in. Some states determine the property classification based on whether both spouse has the intent to end the marriage.