Los Angeles, CA asked in Family Law and Divorce for California

Q: I filled for legal separation and plan on splitting assets. We plan on staying together after the legal separation.

If years from now, we decide to file for divorce. Is there another separation of assests as part of the divorce or does the initial legal separation stand in terms of property distribution?

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1 Lawyer Answer
Crista Marie Haynes
Crista Marie Haynes
  • Redlands, CA
  • Licensed in California

A: So long as you take the Legal Separation case to a final judgment for Legal Separation any and all orders that are contained in that Judgment will remain fully enforceable upon either or you filing for a full divorce if that ever were to occur. Once court orders are made and are brought to a Judgment, the only thing that can make them go completely away would be to file a conciliation agreement and a request to dismiss the Legal Separation and reinstate your marriage, in "essence" to get back together "remarry". But other than that any property division orders contained in the Legal Separation Judgment would be fully enforceable upon divorce.

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