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Legal Separation Lawyer Alameda County CA
If you are trying to choose whether or not to get a legal separation or a divorce, it will be helpful to speak with a legal separation lawyer Alameda County, CA can rely on from AttorneyBernie.Com. Many people who are considering getting a divorce think that the first step you need to take is getting a legal separation. However, those in California can choose to get legally separated from their spouses instead of getting a divorce. Whichever path you and your spouse decide to take, it will completely change your marriage. You must understand what it means to be legally separated and why you may wish to do this instead of getting a divorce.
Why Choose to Get Legally Separated in California?
When you are looking into legal separation, you may be wondering: what’s the point? There are other options, like moving out of the same house as your spouse or getting a divorce. So, why go through a legal separation? Similar to a divorce, if you and your spouse want to get legally separated, you can do so by giving a “no-fault” reason. This essentially means that you and your spouse are unable to get along anymore and will not be able to fix the problem causing the issues.
A legal separation lawyer Alameda County, California trusts understand that there may be many reasons you choose to get legally separated instead of divorced. If you want to stay on your spouse’s insurance, a legal separation may be the right option. Or, for example, many religious people may prefer this option because they do not believe that divorcing their spouse is the right answer. On the other hand, if you have children with your spouse, you both may decide that a legal separation is easier for your children to understand and will not be as hard on the family emotionally.
What Kinds of Requirements Are There to Get a Legal Separation?
While it differs by state, getting a legal separation in California does not mean you need to have any residency requirements. Similarly, you will not need to go through the same kind of waiting period as you would if you and your spouse were getting a divorce. Instead, if both you and your spouse agree to the legal separation, you can speak with your attorney about getting the paperwork signed and approved by a judge.
What Does It Mean to Be Legal Separated?
Getting married is a big decision and can alter your life and your spouse’s life. Not to mention there is a lot involved from finances to raising children and sometimes when it comes to navigating these challenges it can be extremely difficult and cause stress on a relationship and marriage. And sometimes that stress can lead to a spot where one spouse feels the need for a time-out but not ready or comfortable with the idea of ending the marriage. This is generally referred to as a legal separation, which can be permanent or simply precede a divorce.
In California, a legal separation doesn’t mean the marriage or domestic partnership has come to an end. Instead, it results in a court determining the rights and responsibilities of the spouses who want to live apart. This means that they will be legally separated parties but still married and will have the backing of court orders when it comes to separating their finances or directing custody and support of any children involved. It could mean that the spouses retain certain marital benefits like health or life insurance.
To get legally separated in California, a spouse must file a petition, pay the filing fee, serve the petition on the other spouse, and file financial disclosures with the court. Unlike a divorce, there are no residency requirements involved with a legal separation. Speak with a legal separation lawyer Alameda County, CA to understand your legal options further.
What Is a Trial Separation?
A trial separation is when you and your spouse might need a break from the relationship and choose to live apart until you decide between getting a divorce or reconciliation. When you are separated from your spouse there are a few legal rules that apply while being married when it comes to ownership of property. For example, any money you earn and the property you buy are likely to still be considered jointly owned by you and your spouse. However, that does depend on your state’s laws about property ownership.
If you and your spouse have plans to hopefully reconcile then it is advisable to write an informal agreement about some issues that will come up. For example, deciding whether or not you will continue to share a joint bank account or credit cards and how you will budget your spending, which of you will stay in the family home, how expenses will be shared, and if you have kids how each of you will spend time with them.
In some states, you can get legal separation by filing a request in family court. You will want to consult a legal separation lawyer Alameda County, CA to better understand your course of action. Being legally separated is a different legal status from being divorced or married. You aren’t married and you aren’t divorced either, which means you can remarry. When a court’s order grants a legal separation that includes orders about property division, alimony, and child custody and support. Very similar to how it would work in a divorce. There are a lot of reasons why you, a spouse, or both will choose the path to be legally separated, and to better understand which would be beneficial you should set up a time to discuss your situation with a legal separation lawyer Alameda County, CA.
Are you interested in getting legally separated from your spouse? Please reach out to AttorneyBernie.Com to speak with our Alameda County, California legal separation lawyer today.