Legal Separation Versus Divorce in Orange County: What’s The Difference? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Ending a marriage is a difficult experience, and you may have more options to resolve your situation than you realize. It’s important to know the differences between legal separation versus divorce in Orange County. Legal separation can be an alternative to divorce or a launching point to have a more streamlined divorce in the future. An experienced Orange County family lawyer can help you understand the potential benefits and drawbacks of both options.
Legal Separation Versus Divorce in Orange County
Marriage provides several tangible benefits in California, including the ability to file taxes jointly, share health insurance, and more. Ending a marriage not only cancels your marriage contract with your spouse but can also present various financial problems for both of you. Legal separation offers the ability to resolve many issues you would need to address in divorce while allowing you to retain your legally married status.
According to 2023 US Census data, about 10.5% of women and 7% of men in California have been divorced. The divorce rate throughout the United States has remained relatively constant for many years, and this process will present unique challenges to every couple. If you are concerned about the financial implications of divorce, it is important to understand what legal separation may offer as an alternative.
Some couples use legal separation as a trial period for divorce. If they are having trouble in their marriage but are unsure whether there is still hope for reconciliation, legal separation offers an avenue to resolve many of the issues they would face in divorce proceedings without the legal finality of actually divorcing. However, roughly 87% of couples who legally separate ultimately divorce.
For a legal separation, the couple must enter a petition for separation with the Orange County Superior Court. The petition must outline the terms sought pertaining to property division, child custody, child support, and spousal support. The spouses can enter a joint petition for separation after agreeing on terms.
However, the family court must rule on child custody as the court has a duty to ensure a custody order suits the best interests of the children it will affect.
Some legal separations must be resolved through litigation. This can take much longer than collaborative mediation, but regardless of how the separating couple reaches acceptable terms, the court will finalize the separation with a Judgment of Legal Separation. At this point, the spouses remain legally married but can go on to live separately in whatever way they choose.
If you legally separate in California and later reconcile with your spouse, the two of you can enter a petition to have the Judgment of Legal Separation terminated and go back to living as a married couple. If the two of you decide to divorce, your legal separation may have already covered most of the issues you would need to resolve in divorce proceedings, streamlining your dissolution significantly.
The attorneys at Quinn & Dworakowski, LLP, have more than 40 combined years of experience representing Orange County clients in all types of family court matters, and we are ready to put this experience to work for you. If you are wondering about the differences between legal separation versus divorce in Orange County, reach out to our team to learn how we can assist you in this situation.
FAQs
Q: Why Would You Get a Legal Separation Instead of a Divorce in California?
A: You may want to get a legal separation instead of a divorce in California due to religious beliefs that prohibit divorce, to retain financial benefits that come with legally married status, or to set the groundwork for a future divorce if you and your spouse are not entirely ready to commit to fully ending your marriage. An experienced attorney can explain what to expect with legal separation versus divorce in Orange County.
Q: What Are the Disadvantages of Legal Separation in California?
A: There are some disadvantages of legal separation in California. Primarily, you remain legally married, so you cannot remarry a new partner. The process can also lead to some financial complications, and legal separation is not as final as a divorce, so it cannot provide the same level of closure. Your attorney can explain the possible benefits as well as the drawbacks of choosing legal separation rather than divorce.
Q: Do I Need to Hire a Lawyer for a Legal Separation in California?
A: Yes, you should hire a lawyer for a legal separation in California. The legal separation process requires you to complete most of the things you would have to address in a standard divorce, including property division, establishing a separate residence, and resolving custody and visitation for your children. While legal separation does not fully end your marriage, the process entails almost everything you would need to address in a divorce.
Q: How Long Does Legal Separation Take in Orange County?
A: The time it takes to secure legal separation in Orange County generally depends on how willing the spouses are to cooperate during this process. In some cases, resolving a legal separation will take about the same amount of time as it would take to resolve a divorce. If you have an experienced attorney representing you, they can provide an estimate of the timeline you can expect.
Q: Can I Get Divorced After Being Legally Separated?
A: Yes, you can get divorced after being legally separated. In many cases, legal separation is a precursor to divorce. The separated spouses will then have a generally easier time formalizing their divorce following separation. An Orange County divorce lawyer can explain what to expect if you and your spouse decide to ultimately move forward with your divorce after legally separating.
Many couples in Orange County and throughout California consider legal separation in lieu of divorce, and it is important to have legal counsel you trust on your side if you decide to pursue either option. The attorneys at Quinn & Dworakowski, LLP, have years of experience guiding Orange County clients through these proceedings, so contact us today if you are ready to learn how our firm can assist you with a legal separation or divorce.
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