Legal Separation Lawyers in Newport Beach, CA
If you are married or involved in a registered domestic partnership and are considering separation, it is important to understand what is involved. Legal separation, which involves filing a petition with the court and then a final judgment regarding the terms of the separation, and a separation agreement, which can be entered into by spouses or partners without the involvement of the court, can offer you a way to live separate and apart without legally terminating your marriage or partnership.
Separation can give spouses or partners time apart to determine whether they want to reconcile, and a separation agreement can serve as a foundation for a divorce agreement later. As with any family law matter, it is important to work with an attorney who can protect your interests. Sullivan Law & Associates has a long history of representing married persons and domestic partners in separation proceedings across Orange County. Find out how we can help you by contacting our legal separation lawyers in Newport Beach at (949) 590-8100 today!
What’s The Difference Between Legal Separation And Divorce In California?
Legal separation and divorce have several key differences to consider:
- With legal separation, your marital status remains unchanged. This means you are still legally married unless you go through the divorce process.
- One advantage of legal separation is that it allows both spouses to maintain certain benefits, such as social security and medical insurance, that might be terminated in the case of divorce.
- Unlike divorce, both parties must agree to a legal separation.
- While legally separated, you are not able to remarry.
- Unlike divorce, there is no residency requirement for obtaining a legal separation in California. Regardless of how long you have lived in California, you can pursue a legal separation.
- Legal separations take effect immediately, whereas with divorces, you must wait at least six (6) months after serving your spouse with the divorce petition.
These distinctions are important to consider when deciding between legal separation and divorce.
Issues to Address in a Separation Agreement
Whether you are drafting a separation agreement or have petitioned the court for legal separation, there are a number of issues that must be addressed, similar to those addressed in a divorce:
- Child custody and parenting time (visitation);
- Who will live in the marital home;
- Who will be responsible for paying certain bills during the separation period;
- Whether spousal support (alimony) will be paid; and
- How property, debt, and assets will be distributed
When you work with a separation attorney at our firm, we will work with you closely to understand and identify your goals for every one of these points. We will then apply our skills and resources to secure the best possible result.
Frequently Asked Questions
Why Separation Instead Of Divorce?
There are several reasons why people choose separation instead of divorce:
- Religious reasons
- Financial reasons
- Healthcare benefits
- Insurance reasons
- Unsure about the future of the relationship
How Do I File For A Legal Separation In California?
In order to obtain a legal separation, it is necessary to file a petition with the court. Prior to the granting of a legal separation, important decisions must be made regarding custody, visitation, property division, alimony, and child support. These decisions can be reached through mutual agreement or court intervention. Just as it is crucial to have a skilled attorney by your side during a divorce, it is equally important to have strong legal representation for a legal separation.
At Sullivan Law & Associates, we take pride in our knowledgeable, skilled, and assertive attorneys. We proudly serve clients throughout Orange County, California. Our goal is to provide effective advocacy and secure fair results for our clients. We are committed to delivering the outcomes you deserve. When it comes to legal representation that is both low risk and low stress, choose Sullivan Law & Associates.
Contact Our Newport Beach Separation Lawyers Today
If you’re uncertain about whether to pursue a divorce or a legal separation, seeking guidance from an experienced family law attorney is crucial. At Sullivan Law & Associates, our team of Newport Beach separation attorneys boasts decades of successful experience in handling legal separation cases and various other family law matters.
We possess the expertise and skill to assist you in every aspect of your California legal separation case. Discover how our team of legal separation lawyers in Newport Beach can assist you. Contact us today at (949) 590-8100 for personalized guidance and support.