In this video, family law attorney Sina Mohajer discusses the difference between filing for divorce vs filing for legal separation. Plus, what are the five issues that need to be resolved in any divorce case or in a legal separation case?

If you have any questions or would like legal advice from a skilled attorney about family law—including a divorce or legal separation case—contact Mohajer Law Firm today at (626) 569-5200.

Transcript:
When contemplating filing for divorce, I’m asked all the time, what’s the difference between filing for divorce or filing for legal separation? In this video, we’re going to cover exactly that, so that way, you don’t have to wonder any longer.

Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.

Five Issues to Resolve in a Divorce or Legal Separation Case

Now, legal separation or divorce, you have to remember in any divorce case, just like a legal separation case, you have to resolve five issues. Not all issues might be pertaining to you, but there are five issues that need to be resolved. Whether you’re going to let the judge know it’s not applicable, or there’s some type of resolution needing to be made.

First issue is custody and visitation, if you have kids. Spousal support, child support, and then the division of assets, and division of debts or liabilities.

Those are the five issues that need to be resolved in a divorce. Coincidentally, those are the same five issues that need to be resolved in a legal separation.

Status: Married vs. Single

The only difference between the two is whether you want to still remain as a married person, or if you like to obtain that status as a single person. Because in a divorce, at the end of it, at the time of judgment, they’re going to dissolve the marriage. You’re going to be a single person.

And in a legal separation case, they’re just dissolving, or resolving, those five issues we mentioned in the beginning. But you’re still going to be married. You can file your taxes as married, filing separately, but you’re still going to hold the status as a married woman or a married man.

Help With Your Divorce or Separation in California

If you have questions about your case or you like to explore different options that you want, you’re juggling in between, or what have you. Feel free to give us a call. We offer a free initial consultation, and I’ll be happy to sit with you one-on-one.