in a statewide poll limited to Judges, Attorneys, and Law Firm Administrators.
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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.
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.
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.
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.
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.
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.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
