July 29, 2022

Legal Separation or Divorce?

spouses couple signing decree papers getting divorced in lawyers office

Legal separation and divorce are similar in many respects. They both require you to go through a court process and allow you to live separate lives. However, there are also important differences. Depending on your situation, you may find legal separation or divorce the better option for your circumstances.

If you are considering legal separation or divorce, you will need a Roseville divorce lawyer. Manzoor Law Firm is an expert in litigating divorce and legal separation cases.


If you choose to get a divorce, you will be dissolving your marriage. There is a six-month waiting period before the divorce gets finalized. This gives both parties a chance to decide that divorce is the right option.

After the divorce is final, you are completely free of any obligations to your formal spouse. You can remarry if you wish.

The divorce process will require your decisions about property division, child custody, and child or spousal support. If for some reason these areas are difficult is hard to settle, the court may determine.

Pros and Cons of Divorce

Divorce does provide potential benefits for you, as well as some downsides.

The fact that divorce is final can be a benefit or a drawback. If you are certain that you have no further interest in the relationship, divorce can bring a sense of closure. However, if you reconcile, you will need to remarry your spouse if you wish to get married again.

Divorce has a six-month waiting period. You may find this period difficult, or feel like you are in limbo. You will also need to reside in California for at least six months, and the county you are filing in for three months, before filing.

However, once the divorce is final, you are completely free of the marriage. You can remarry, and have no legal obligation to your former spouse.

There are some financial downsides to divorce. Depending on how long you stay married, you may lose your spouse’s military or social security benefits. To keep receiving benefits after the divorce, you must maintain your marriage for ten years or more before divorcing.

Legal Separation

The process for legal separation is essentially the same as the divorce process. It requires the same decisions or decrees about the property, child custody, and child support.

However, a legal separation does not end the marriage.

You will still be under marriage with your spouse, but you can live independently. If you have children, you will have a child custody agreement. Your finances will also be separate from those of your spouse.

Pros and Cons of Legal Separation

Just like divorce, there are pros and cons to getting a legal separation. A Roseville legal separation attorney can help you further understand these factors.

Legal separation has some financial benefits. It allows you to remain on your spouse’s insurance policy. You can also continue to file joint tax returns, which can provide tax benefits you will not receive if you divorce.

Legal separation allows you to continue receiving your spouse’s social security or military benefits.  Some couples choose legal separation until they meet the ten-year marriage requirement, and then consider divorce.

Another benefit of legal separation is it can function as a trial divorce period. If you are not certain you want to get a divorce, you can find yourself in a difficult position if you change your mind after the divorce.

Unlike divorce, there is no residency requirement for legal separation.

A legal separation offers many of the benefits of divorce, without dissolving your marriage. Some people also choose legal separation due to religious beliefs that prohibit divorce.

Divorce or Legal Separation: You Choose

Are you looking for legal separation or divorce attorneys Roseville? If you are facing a divorce or legal separation Roseville, you should contact Manzoor Law Firm. A Roseville divorce attorney will help you decide between divorce and legal separation, and help you through the process.