Wednesday, August 17, 2011

SHOULD I FILE FOR LEGAL SEPARATION OR DIVORCE?

QUESTION: I was wondering what the differences were between getting a legal separation and a divorce? Is one more cost effective? I want to know if I can date while legally separated from someone. I know when getting a divorce it is not a good idea, because your ex spouse can use this against you, but we have been separated for a long time. We are just now getting to all the paperwork.

MY RESPONSE:

A legal separation is the same as a divorce, except that you remain married to your spouse.

People who seek legal separation usually do so due to religious beliefs against divorce, and the other party may respond to a legal separation by either seeking a divorce or a legal separation. If either party seeks a divorce, the Court will grant one on the generic grounds of irreconcilable differences.

Under your circumstances, you would best seek a dissolution of your marriage (a divorce), because if you got a legal separation from your husband, in order to divorce him, you would have to file a subsequent divorce case and start all over from the beginning. That would definitely not be cost-effective.

There is no law or rule against dating another person during a divorce or legal separation case. Your ex-spouse can't use that against you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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