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Marin County Legal Separation Attorney

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marin county legal separation attorneys

Empathetic Legal Separation Lawyers Serving Marin County, CA

Legal separation is an alternative to divorce that keeps the marriage intact in name only. If you and your spouse wish to legally separate in Marin County, California, an attorney from the Schoenberg Family Law Group can help you take all of the necessary steps to achieve this goal. We will explain your rights and guide you through the legal process from start to finish. Contact us today to request your consultation with one of our Marin County legal separation attorneys.

What to Expect at the Schoenberg Family Law Group

The Schoenberg Family Law Group is led by Attorney Debra R. Schoenberg, who is a Certified Family Law Specialist. This means she has received additional training, passed tests and remained in good legal standing within this specialty. She has been certified by the State of California Board of Legal Specialization. She has also been named a SuperLawyer for over 10 years. Debra and her team take the time to get to know each client and understand their goals for the case to personalize the legal experience.

What Is Legal Separation?

Legal separation is a court order stating that while two people are still technically married, they can live separate lives and move on from their marriage independently without needing to dissolve the union. Someone who is legally separated and not divorced cannot remarry, as he or she is still married on paper. However, a legally separated couple can live apart and classify any income or property they acquire after the date of separation as separate property. This protects it from being shared with an ex-spouse if the legal separation turns into a >divorce.

Is Legal Separation Right for You?

Legal separation can have several benefits over divorce in California. It is a good in-between stage for many couples, as it is simple to turn a legal separation into a divorce. If the couple reconciles, on the other hand, it is also easy to end the legal separation and resume normal marriage. If a couple can no longer live together but is unsure about the future of their relationship, legal separation may be the right option. Your Marin County legal separation attorney can help discern the best step for you and your family.

Some couples choose to remain legally separated indefinitely as a means of retaining certain benefits that only come with marriage while still living separate lives. For example, a legally separated couple can still receive insurance coverage, tax benefits, retirement benefits and other advantages of marriage. Others choose legal separation for religious or personal reasons, as their beliefs may be against divorce.

As mentioned above, legal separation also has property benefits – which are especially important under California’s community property law. This law means that if a divorce case goes to court, a judge will divide the community or marital property evenly down the middle (50/50), whether or not this is fair for either party. The courts cannot, however, divide separate property. Getting legally separated gives a specific date upon which your property is your own and not classified as part of the community.

How to Get Legally Separated in Marin County, California

The process for getting legally separated is similar to getting a divorce in Marin County, or other cities in California. One of the parties must file the petition and pay the filing fee. Then, the petition will be served on the other spouse, who has the chance to either agree with the presented terms or contest them. From there, the couple will negotiate until they either reach a settlement or have to go to court for a judge to assign the terms of the legal separation for them. Once the paperwork has been signed by a judge, the legal separation goes into effect immediately. Unlike a divorce, there is no waiting period or residency requirement for legal separation in Marin County or any other city in California.

Speak to a Marin County Legal Separation Lawyer Today

The Schoenberg Family Law Group excels at handling complex and sensitive family law issues in Marin County and throughout California. To learn more about legally separating from your spouse, contact us to request a consultation with a knowledgeable and experienced Marin County legal separation lawyer. Call (415) 212-8023 today.

Our Awards and Memberships

Schoenberg Family Law Group, P.C., recognizes that family law matters involve complex, sensitive issues that can have a lasting impact on you, your family, your finances and your future.

More About Honors & Awards
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10.0 Avvo Superb Top Attorney Family Law, Divorce
Los Angeles and San Francisco Daily Journal
American Jurist Institute Top 10 Attorneys 2017
100 TOP WOMEN-OWNED BUSINESSES Women Who Lead
AMERICAN ACADEMY OF MATRIMONIAL LAWYERS (AAML)
2022 Client Satisfaction American Institute of Family Law Attorneys 10 Best
100 Fastest-Growing Private Companies In the Bay Area San Francisco Business Times
2021 LGBTQ-OWNED BUSINESSES Business Pride
10 Best Female Attorneys 2017 American Institute of Family Law Attorneys
San Francisco Bay Area's Best and Brightest Companies to Work For Winner 2021
2018 Best Lawyers Best Law Firms U.S. News & World Report
California Board of Legal Specialization (CBLS) State Bar of California
2020 Client Champion Debra R. Schoenberg
San Francisco Business Times Corporate Philanthropy Awards 2019
Expertise Best Divorce Lawyers in Concord 2020
2018 Expertise Best Divorce Lawyers in San Francisco
Fast 100
Lead Counsel Rated
Litigation Counsel of America (LCA) Fellow
National Board of Trial Advocacy
2017 Parents' Press Best of The Bay
San Francisco Business Times
Rated By Super Lawyers Debra R. Schoenberg
The Business of Pride
2021 Best Businesses Three Best Rated
San Francisco Business Times Corporate Philanthropy Awards & Summit
American Jurist Institute Top 10 Attorneys of 2018
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