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LEONARD M.WEINER, ESQ, Ph.D.

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DIFFERENCE BETWEEN DIVORCE AND LEGAL SEPARATION

Oct 27, 2018

Question #4: Are “legal separation” and “divorce” the same thing? I’ve been married to my husband for less than two years. This marriage has too much hurting. My husband wants a divorce, but I thought we should separate for a while to allow each other space to think it over and sort things out before deciding to give up this marriage. In the case of legal separation, does it mean the ultimate result is divorce? Also, we live in the state of California. How do we go about finding a mediator now that California State Bar Association is shut down? I don’t want this separation to be nasty , but what if my husband disagrees with what I think I deserve? Will the mediator help us to reach an agreement?

Legal separation and divorce are distinct legal processes. Legal separation is meant to divide the assets of the married couple, provide for separate living quarters, if they so desire, and in general provide for separate and individual financial responsibilities from the date of separation. It would entail the drafting of a Separation Agreement in which […]

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