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Which one's most post-litigative: legal separation or divorce?

San Jose, CA |

Other party wants to live as separate as possible - at least the finances aspect definitely - but under the same roof with me "for sake of infant / toddler kids" (probably so that help is handy). Neither of us want to remarry. The other party is very litigative. In these circumstances, will legal separation be enough or should we go for divorce to avoid post litigation as much as possible?

Attorney Answers 6

Posted

Whether you bring a case for Legal Separation or Divorce, if you file such a proceeding with the court, it has the SAME possibility of being litigious. Legal Separation involves doing everything you would do in a divorce and resolving all the same issues, except that you don't actually terminate your marital status--i.e. you are still "married" legally though you cut off property and other marital rights. This can be desirable for people in very specific situations where they either have religious opposition to divorce or where they will be able to preserve rights to certain benefits and don't mind not being able to remarry. You can always physically separate and not pursue a court case if you want, but if you end up divorcing later this might make a future proceeding more complicated and difficult (and yes, litigious) than it would otherwise have been.

The answer above does not constitute legal advise and is not based on any confidential information provided by the poster. Each situation is specific in nature and any answer offered is based only upon the information provided by the poster; the attorney does not warrant the answer is applicable to the poster's situation. This answer does not create an attorney-client relationship.

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Posted

If the other party is litigative, you might as well get a Divorce because after a Legal Separation Judgment, a litigative party could file and pursue a Divorce case. The ony valid reasons to remain married might be to get the benefit of "married filing jointly" income tax marginal rates, to get the benefit of employment-related health insurance, or religious reasons of people whose religions don't allow divorce. You may meet someone else who you might want to marry, and if you only have a Judgment for Legal Separation, you would have to file and go through a Divorce before you would be eligible to marry someone else.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Posted

If the marriage is irretrievably broken, you should probably seek divorce sooner rather than later.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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I F YOU HAVE IRRECONCILABLE DIFFERENCES, GET DIVORCED AND BE DONE. NO PERCENTAGE IN REMAINING MARRIED, SPECIALLY IF YOU WANT TO REMARRY IN THE FUTURE. LESS HASSLE THIS WAY. BEST OF LUCK.

This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Bancarrotas, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

You have been given excellent advice by Counsel.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

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Posted

Go for the divorce. More entanglement means more opportunity for litigation. If you want to avoid further conflict, it's best to cut as many ties and entanglements as possible. That said, even if it is a divorce, make sure you have finality and make sure that the terms of the settlement are clear and not promotive of further disputes down the road. A good attorney can help make sure of that.

The information in this response is for general information purposes only and is not to be construed as legal advice or as creating an attorney-client relatinship.

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2 comments

Daniel Seth Williams

Daniel Seth Williams

Posted

Hey Shawn, good to see you here.

Shawn Eric Weber

Shawn Eric Weber

Posted

Likewise! ;)

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