It is quite common for people who are not familiar with family law to confuse the date of separation and the process of legal separation. As set forth in Family Code Section 70 the date of separation is the date that a complete and final end to the marriage has occurred as shown by one or both spouses expressing their intent to end the marriage and conduct that is consistent with that intent.
A legal separation, https://thebeachlaw.com/legal-separation-long-beach/ ,on the other hand, is a legal proceeding similar to divorce. The procedure for filing for legal separation is the same as filing for a divorce and uses the same forms. Like a divorce, a legal separation proceeding can divide the partiesâ€™ property and debts, determine a parenting or custody and visitation plan for any minor children and set forth child and or spousal support. Unlike a divorce the parties are still married to each other after the judgment. They cannot remarry and are considered married for tax purposes. Some reasons that people prefer legal separation to divorce include religious prohibition of divorce, to maintain health or other benefits available to married couples that would not be available in the event of divorce.
Need more information? Call and get a free 15-minute consultation with a Los Angeles divorce lawyer, B. Stuart Walker