What is the difference between a legal separation and a military divorce?
A legal separation and a military divorce are two different ways of ending a marriage in California. A legal separation is an agreement between two people who are married but are choosing to live separately while maintaining their marital status. This allows couples to live apart from each other while having their marriage intact. In a legal separation, the spouses may divide their assets and debts, and decide how they will divide joint marital property, such as a house. However, they are still married and not subject to many of the laws associated with divorce, such as seeking alimony and spousal support. A military divorce, on the other hand, is the formal termination of a legal marriage. It may be filed by either spouse, making it a unilateral process. This type of divorce requires parties to make decisions regarding the division of assets and debts, spousal support, child custody, and visitation rights, just like other types of divorce. However, military divorce law is also subject to additional federal regulations that may affect the process, such as the Uniformed Services Former Spouse Protection Act (USFSPA). This law establishes certain rights and responsibilities that former spouses of military members may have when it comes to division of military benefits, such as health care, pension, and other allowances. Overall, the key difference between a legal separation and military divorce is that while a legal separation does not end the marriage, a military divorce terminates the marriage and is subject to additional federal laws and regulations.
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