Legal separation is the formal process of confirming an actual separation of the parties, as opposed to filing for divorce. Parties that chose legal separation do so for religious reasons, do not believe in divorce, or have concerns about medical insurance coverage, among other reasons. If the parties proceed all the way to a final judgment in a legal separation case, they can obtain the same orders that they would have in a divorce case. The biggest difference is that in the end, the parties are technically still married after a legal separation case and cannot get legally remarried.
Agreement for separation
An agreement on separation includes terms that are quite similar to those if the concerned couple was getting a divorce. This means there will be a distribution of their marital property, agreement on child visitation and custody if applicable. Not only this, the couple opting for a legal separation will also have to come to a decision on dividing any debts that were incurred by them after they got married.
Ideally, the above-mentioned terms should be binding in case the couple wants to get divorced. Moreover, both parties should hire their individual attorneys for negotiating all the details of the agreement on their legal separation. In case the spouses eventually make up their mind to go one step ahead and file for a divorce, it has been observed that the judge usually keeps the same terms as both the parties agreed to them earlier.
Differences between a legal separation and a divorce
Check out some of the following key differences between a divorce and a legal separation.
Name
While the spouse continues with the legal married name in the case of a separation, a wife may revert back to her maiden name after the divorce comes throughout the divorce be.
Child support
The conditions related to child support are ascertained when the legal separation takes place. When a couple decides to go for a divorce after being legally separated, ideally, the same terms are followed that were mentioned in the document for legal separation.
Marital status
A couple is still married even though there is a legal separation going on. But when the divorce is finalized, the marriage ends.
Child visits
Visitation rights of the child are decided when the legal separation takes place. If a divorce comes through after the legal separation, most of the times, the same terms are followed as mentioned in the document of their legal separation.
Alimony
The terms for alimony are ascertained during the legal separation. The conditions are typically kept same if the divorce gets finalized in the future.
Split of marital property
The couple agrees to the terms while going for a legal separation. When they do decide to finally divorce, the sane conditions that are mentioned in the document for legal separation are followed.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
When a marriage ends, things can be pretty bad for the children. Some kids are asked to make peace between bickering exes while they are still lamenting over or missing a parent who moved out all of a sudden. There are other children who have to cope up with parents who are suddenly at a loss to handle daily chores such as helping them with a home task or making meals.
There are some parents who feel that once their divorce is through, most of the issues will be sorted out and they can look ahead in their lives. But, even after the divorce, the responsibilities related to parenting are a new experience every day. How successful you are as a parent will depend on how you react to situations, your empathy for the children and the decisions you need to make. Avoid making some of these top mistakes that most parents tend to make after their divorce.
Avoid treating your kid as a messenger
A majority of the parents try to communicate with their former spouses via their kids. Such a behavior can cause excessive emotional stress or trauma on them. It may also compel the children to create a situation that you will not be able to tangle as their parents. It is better to communicate with the other parent via emails, which is a great communication tool these days. Moreover, it will enable you to only focus on practical aspects of bringing up your child and not digress into negative discussions or open old wounds.
Do not grill your kids too much
Parents should regard their kid’s days away with the other parent in the same manner as if they are staying with an uncle or aunt. If you tell your children nothing at all, they can feel stressed and get a feeling of compartmentalization. On the flip side, when you grill or bully them too much, they feel they are in the middle of both of you and become emotionally distressed. Rather, ask your child only general and fun questions so that they feel relaxed.
Try to understand your child
Your children should feel loved, appreciated, and well-understood. As it is, after they see their parents getting divorced, they could be going through an emotional turmoil. So, as a compassionate parent, you should listen to them properly and avoid instructing them to think. Although it may appear tough, avoid criticizing your former spouse. After all, you could then be indirectly criticizing your own kid who is a part of both of you.
Get help from a professional therapist
You should never commit the mistake of venting out your emotions or sharing divorce details with your little ones. Such discussion could make them more anxious rather than appreciating your mental condition. Instead, seek professional advice from a therapist.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
While children are the most affected party in any divorced family, a major challenge for them is to adjust residing in two different homes after their parents go separate ways, Although, a kid may be visiting one of the parents only for some hours on a weekly basis, he or she should feel comfortable in their non-custodial house. A cordial arrangement will help in bridging the relationship with the other parent who does not have custody rights and will also help the kid to realize that though their parents got divorced from one another, they are still loved the same way.
When children of divorced parents feel like they belong at the homes of both their parents, it creates a healthy and smooth transition for them. Irrespective of their age-group, issues like abandonment and rejection matter to the kids a lot though many of them cannot express them properly through words. There are several kids who love to stay in both their homes since their parents shower them with attention and love.
The following are some of those ways that can help kids to adjust to living in two different homes.
A primary home should be designated for the children
Though kids of divorced parents may spend time in both parents’ homes, they should recognize only one of the houses as their “primary home”. There could be a lot of confusion if this is not done. After all, when there is a designated primary home, all mails and other important communications will get delivered to that place only. It will be also helpful for the kids to feel secure and anchored. Though your house is treated as a secondary home for the children, you should not feel that the time they spend with you is less important. After all, do you not feel as happy and content at your holiday home as your main home?
Allocate a separate room for your child
It is imperative for your child to have their own personal room. In case that is not possible due to space constraints, they should be given space to keep their possessions like a toy bin, shelf space or an own drawer for dresses. They should also be permitted to store their things in the allocated space. Let them arrange the things according to their wish.
Freedom of carrying things
Your children should be permitted to carry their items between both the homes without any conflict or tension between the parents. The transition can be much smoother if this is followed.
Allow your kids to personalize their space
Permit your children to decorate their space the way they want to do. In fact, even you can help them out in this endeavor. Let them pick their own sheets and allow them to hang their favorite posters on the wall. Children love to personalize their space.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Finding yourself as a divorced father all of a sudden can be a real big challenge. It could be a shattering experience to find that you are all alone in the hours and the kids are no longer living under the same roof with you. If you want to be a successful father after your divorce, you should maintain a bonded relationship with your children though you are now divorced from your spouse.
Though divorce situations can be unique, when a father is well-aware about what to expect, he can respond in a better manner. When fathers can manage situations more effectively, they are more successful in handling issues after the divorce. Here are a few steps that you can take as a divorced father.
Be closer to the house after divorce
When you stay close to where your kids live, you can spend more quality time with them after your divorce. There are times when certain circumstances or demands of your job may make it tough to stay close to your children. However, when you make sacrifices to stay near your kids, it can lead to a deeper bond and stability, which the kids need.
After a painful divorce, fathers may not realize or see the effect of that on his children
Children may feel devastated after their parents’ divorce and find one fine day that their family has turned upside down. Consult experts on what you should expect while your kids are trying hard to adjust to this strange and new reality of their life.
Even while at a long distance, try to stay connected with your children
You may have to stay far away due to a special employment or military assignment. Distance could cause a gap in your relationship with your little ones. There could be misunderstandings and your kids can feel neglected since they do not meet you that often. So, you need to pick up tips for maintaining the bond even when you are far away.
Try to ensure that joint custody operates in a smooth manner
In case you are lucky because the court awarded joint custody of the children to your wife and you, you should be familiar about how to manage this crucial relationship. Although in several cases the parents had been civil to each other after their divorce, the terms of the joint custody can create problems and conflicts. Hence, you should learn how fathers like you handled the situation of joint custody in an amicable manner to make it work.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
Legal separation is the formal process of confirming an actual separation of the parties, as opposed to filing for divorce. Parties that chose legal separation do so for religious reasons, do not believe in divorce, or have concerns about medical insurance coverage, among other reasons. If the parties proceed all the way to a final judgment in a legal separation case, they can obtain the same orders that they would have in a divorce case. The biggest difference is that in the end, the parties are technically still married after a legal separation case and cannot get legally remarried.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters. 
