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Divorce vs. Legal Separation

Posted by Ahluwalia Law Professional Corporation | May 13, 2013 | 0 Comments

Although there are some similarities in the processes, there are some very important differences in the legal outcomes of divorce and legal separation. Legal separation does not free you to remarry or enter into another domestic partnership. It allows you to retain some of the benefits of marriage while living separate lives and deciding issues such as spousal support, property division, and child custody. San Jose divorce lawyer Madan Ahluwalia can help you determine if divorce or legal separation is right for you.


Divorce legally ends your marriage or domestic partnership and is irreversible. It frees you to remarry or enter a new domestic partnership. Divorce also terminates your rights to many of the benefits of marriage, such as health insurance coverage and more.

Legal Separation

In a legal separation you can request many of the orders available in divorce, including division of property, spousal support, child custody, and child support. It is like being divorced in many ways, but it is reversible and it gives couples a chance to decide if divorce is really what they want and if the conditions they have agreed upon are going to work.

There are many important reasons why some couples choose legal separation instead of divorce including:

  • Religious beliefs
  • Maintain married status for the 10 year period required to gain certain Social Security benefits
  • Retain military benefits
  • Retain health insurance coverage

To learn more about divorce, in California, please call San Jose divorce attorney Madan Ahluwalia of Ahluwalia Law P.C. (408) 416-3149 or contact us online today.

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