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Divorce Attorneys in Orange County; The Maggio Law Firm, Inc.

Should You Opt for a Legal Separation Rather than a Divorce?

Divorce Attorneys in Orange County; The Maggio Law Firm, Inc.There are many couples who opt for a legal separation instead of a divorce. There are distinctions between legal separation and divorce, and it is important to understand their meaning so that you can ask the right questions while contemplating your future options.

Before going any further, you need to understand the meaning of a legal separation. This is a special binding agreement through a court’s order which will define handling of different types of financial matters such as liabilities and assets when a spouse opts to lead a separate life from his or her spouse.

Why should you prefer to be legally separated rather than getting divorced?

There are many couples who prefer separation over divorce for a host of financial, logical and personal reasons. The personal reasons could be when both the spouses decide to stay separately for some time to find out whether they really want their marriage to end or not. Moreover, there could be religious beliefs, which treat divorce as an unacceptable option or the desire to live a separate life while protecting your financial future.

Alternatively, there could be certain financial and logistical reasons to opt for a legal separation rather than going for a full-fledged divorce. Check out some of them:

  • You may be in a position to get spousal benefits like health insurance, which will not be possible in case you were divorced.
  • When you are living separately on a trial period, you could be worried about the debts being accumulated by your estranged spouse. When you go for legal separation, your financial liability gets limited and assets that you procure moving forward are protected.
  • It is possible for you to get tax benefits when the marriage is terminated and you can continue filing your returns jointly. Any kids born while you are in the phase of separation is regarded as legitimate by the law since the couple’s marriage is still legal. But it also means that during your legal separation phase, you cannot marry someone else.
  • Though you and your spouse may have come to an agreement to live separate lives, it is less expensive when both of you share the same house. So, you opt to be legally spared over divorce.
  • A spouse gets protection from being deserted, that is the ground for divorce in several countries or states. This signifies that if you live separately without an agreement, charges of abandonment or desertion can be brought against you.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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