Is it better to divorce or stay separated? If either party wishes to marry someone else legally, they will need to file for divorce so they do not commit bigamy. However, if both spouses are on good terms and want to share benefits until each party has the opportunity to establish their own benefits arrangements, separation may be a good option.
How long can you be separated before you are legally divorced in California? Is There a Waiting Period for Divorces in California? While there is no required separation period in the state of California, there is a six month waiting period. This means that you can file for divorce on the day you decide you want one, but you must wait six months for the divorce to be finalized by a judge.
Is separation considered divorce in California? The main difference between obtaining a legal separation and obtaining a divorce is that in a legal separation you do not ask the court to terminate your marital status. In this situation, you still must go through the same process as parties undergoing a divorce, such as dividing marital assets and debts.
What makes you legally separated in California? In California, an actual separation occurs where a spouse: Expresses his or her intent to end the marriage; and. Engages in conduct consistent with an intent to end the marriage (i.e. moves into a separate residence).