In California, couples can pursue legal separation as an alternative to divorce. However, legal separation does not terminate marital status, and couples may not remarry until they finalize dissolution proceedings. Legal separation does permit couples to settle such issues as child custody, child and spousal support, and division of assets and debts. At Violet P. Woodhouse, APC in Newport Beach, an experienced legal separation attorney will guide you through the process and work with you to obtain a favorable separation agreement.
A legal separation is not intended to provide couples with an opportunity to work things out before filing for divorce. It is not a "trial separation." Instead, filing for a legal separation gives power to the court to decide on all legal issues related to a couple's marriage, including rights pertaining to child custody, support, and visitation; alimony; and the distribution of any assets or debts. At the end of legal separation proceedings, couples are not divorced. They retain their marital status but without the same rights and responsibilities given to married couples. They may not remarry until their existing marriage is terminated by death or by a judgment of dissolution (i.e. divorce).
Legal separation proceedings can be as complex as those for divorce, and it is important to retain the services of an experienced attorney who will fight to protect your rights. A Newport Beach legal separation attorney with our firm can provide the powerful representation needed to ensure that you receive your fair share of the community marital estate and that your interests in other marital issues are protected. Moreover, our firm also provides expert financial planning services to help individuals survive the financial hurdles that can often arise during difficult marital disputes.
A spouse must cite either "irreconcilable differences" or the "incurable insanity" of his or her partner as grounds for commencing legal separation proceedings. Either spouse may file a petition for legal separation, but both spouses must agree to the action; otherwise, a legal separation becomes a divorce, in which one party can terminate the marriage without the agreement of his or her spouse.
Couples may choose to pursue legal separation for many reasons. Because it does not dissolve the marriage bonds, a judgment of legal separation may be ideal where religious concerns or personal beliefs prohibit a couple's divorce. Parties also retain eligibility to retirement benefits and medical insurance coverage that would otherwise be lost by severing the legal status of the relationship. Additionally, California law does not include a residence requirement for couples seeking legal separation. In this respect, separation differs from divorce proceedings, which require one of the parties to have been a California resident for a minimum of six months. Though it is often a first step to divorce, a judgment of legal separation can be reversed at any time, which is another attractive feature for some people.
We understand the personal difficulties that legal separation and other domestic legal matters can produce. A Newport Beach legal separation attorney with our firm can guide you through the complexities of these proceedings. We can help protect your interests and assist you in obtaining a favorable resolution to your case. Contact Violet P. Woodhouse, APC to schedule a consultation with our family law specialists.
Contact a Newport Beach legal separation attorney with our firm to schedule a consultation.
Violet P. Woodhouse, APC
Newport Beach, CA
2 Corporate Plaza
Suite 250
Newport Beach, CA 92660
Phone (949) 640-8861
Fax (949) 640-8862