People chose to be legally separated. With such a big thing to do, why not get divorced? If its that bad (besides expense, maybe). I have a couple ideas, but to go and get a "legal" separation, arent things already really wrong... grounds for divorce even?
2007-03-14 17:45:49 · 12 answers · asked by Elise 2 in Family & Relationships ➔ Marriage & Divorce
The biggest reason people do it is for moral/religious reasons. They don't want to be "divorced" or to have to tell family/friends/religious community they are divorced so they get legally separated.
The next reason is for insurance and benefit reasons. If one partner is very sick/frail/elderly and would have trouble getting insurance on their own it might be reasonable to get separated so that all the benefits can continue.
Another reason is purely emotional - they still love the other person, can't imagine being divorced but also can't live with them. They need to separate finances and get support established but they want to remain emotionally close.
Another reason is that legal separation usually has a shorter residency requirement than a divorce. For example, if you just moved to Oregon and you want a divorce you will not meet the residency requirement for filing in Oregon for a few more months. But you can file for a legal separation and get all the wheels moving. Once you have reached the length of time required, you simply file to amend the separation into a divorce.
Probably another of the most common reasons is that people take time to get used to the idea of a divorce. They start the process knowing the marriage is over but they are not able to really make that leap. So they start small with a separation and convert it to a divorce later.
Posters above were wrong on a number of issues. You do not have to get separated before you get divorced in most states. In fact they are legally separate filings in most states.
Posters were right that it is an expensive way to go - to get a separation and then a divorce basically can double the cost!
Hope this helps.
2007-03-14 18:08:19 · answer #1 · answered by CV 3 · 1⤊ 0⤋
A legal separation does not end a marriage or domestic partnership. You can't marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons.
You do not need to meet California's residency requirement to file for a legal separation. If you file for a legal separation, you may later be able to file an amended petition to ask the court for a divorce-after you meet the residency requirements.
In a legal separation case, you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, or any other orders you can get with a divorce case.
John has it wrong
legal seperation is different
Divorce is final, legal seperation is not.. consider legal seperation in transition to a divorce since you can be there for years if you want to.
2007-03-14 18:00:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You have to be legally separated first before you can get the divorce. You can't just go in the court building and get the divorce done right away. The day you file for divorce, is the day your legal separation starts and you are considered to be legally separated until the divorce procedure ends.
2007-03-14 17:59:25 · answer #3 · answered by OC 7 · 0⤊ 0⤋
It all depends on the state. Some states, Legal Seperation and Divorce are one in the same, and cost the exact same amount to file the paperwork. I can't really speak about all states, but here in CA, there is no advantage/disadvantage between LS and divorce.
2007-03-14 17:56:54 · answer #4 · answered by johngrobmyer 5 · 0⤊ 0⤋
Some people do it for insurance reasons. Your job will cover your wife, but not your ex-wife, sort of thing. Also, it helps to get people separated before the divorce is final. You can start your new life while you are waiting for the paper work to go through....
2007-03-14 17:51:28 · answer #5 · answered by kellyjuliemonkey 3 · 0⤊ 0⤋
You have to pay for legal separation, so I don't see the point, unless you truly believe there is something there to salvage. By the time I filed, I was through and knew a divorce was necessary.
2007-03-14 17:49:43 · answer #6 · answered by Shanna h 3 · 0⤊ 0⤋
I'm not sure it is better maybe for the financial aspects but if either person wishes to get remarried they would have to get legally divorced anyways so why wait just end it if thats what you want. Just my personal feeling.
2007-03-14 19:59:44 · answer #7 · answered by Livinrawguy 7 · 0⤊ 0⤋
Legal separation has no advantages and several disadvantages compared to Divorce.
2007-03-14 17:48:41 · answer #8 · answered by Anonymous · 1⤊ 1⤋
I guess they do it to reassure themselves that the don't want to be together.Some people separate and find that they really do love their other half and always want to part of their life,and find their way back to each other!!You may regret it if you go full force straight to the divorce!!
2007-03-14 17:50:23 · answer #9 · answered by molliehollie 7 · 1⤊ 0⤋
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2016-10-02 03:51:04 · answer #10 · answered by Anonymous · 0⤊ 0⤋