Experienced Legal Separation Attorney inLos Angeles, San Jose, San Diego, Orange County, San Francisco, Sacramento, Riverside, and Surrounding Areas of California
Law Firm Specializing in Legal Separation Actions filed in California
A legal separation is a legal action filed by a married person or domestic partner who may want to stay married or in the domestic partnership, but also wants to resolve all other issues, such as child custody, child support, spousal support, and complex property division.
A legal separation separates the property and debts of the parties so that they are no longer legally responsible for each other. A legal separation will not terminate any life or health insurance.
Legal separation is one of the options that is available for couples who are not ready to terminate their marriage but want to be considered separated for legal and tax liability purposes. Simply put, a legal separation is a court order that mandates the rights and duties of a couple while they are still legally married, but living apart.
Why Would You Get a Legal Separation Instead of a Divorce?
Reasons a spouse may choose to file for a legal separation rather than a divorce include religious principles preventing a divorce or a spouse does not meet the residency requirements for filing for a divorce (the are no residency requirements for filing legal separation- see Family Code 2321). In both of these circumstances, a legal separation may provide a more suitable alternative to a divorce. A judgment for legal separation cannot be entered without the consent of both spouses unless the matter is proceeding by default (Family Code 2345).
Legal Separation vs. Divorce in California [What is the Difference Between Legal Separation and Divorce?]
After a legal separation is ordered if either spouse later wanted to marry someone else, that spouse would have to file for a divorce regardless of the fact that the parties had already been legally separated.
Legal separation does not necessarily lead to divorce, and it can actually leave the door open to reconciliation, in which case the parties typically do not need to do anything more since they are still legally married.
If, however, the couple does wish to go through with a divorce, depending on what stage of the legal separation process the parties are in at the time, they may need a file an entirely new divorce matter or they may be able to amend their legal separation and request a divorce (See The Ultimate Guide to Amending a Family Law Divorce Petition in California).
However, a legal separation judgment does not prevent a future judgment for dissolution (divorce) in the event either party subsequently chose to file a petition requesting such (Cal Fam. Code § 2347).
Knowledgeable Legal Separation Attorney in California Offering Free Consultations
Our lawyers strive to consider the particular needs of each client’s matter and to obtain a fair and equitable outcome for our clients, be it through litigation or negotiation and settlement. Our firm is dedicated to making the process as painless and straightforward as possible. We evaluate your situation and advise you of all your options under the law, so we can custom tailor an experience you can look back on without regret.
Whether you have questions for a California divorce attorney, domestic violence restraining order attorney, annulment attorney, spousal support attorney, child custody attorney, property division attorney, or paternity attorney; we are here to help.
Contact Our Experienced California Legal Separation Attorneys Now
No matter what stage of the process you are in, you can rely on the experience of our skilled legal separation attorneys in reaching resolutions in your case. Our California family law firm fights hard to make the legal system work for our clients. Our attorneys have litigated legal separation cases throughout the State of California, including Los Angeles, Orange County, San Diego, Riverside and San Bernardino.
Call the experienced family law attorneys at Talkov Law at (844) 4-TALKOV (825568) or contact us online for a free consultation about your case. Learn how our experienced legal separation attorney, Colleen Sparks, can guide you through the court process in a prompt and clear manner.
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