If you wish to end your union with your spouse, divorce is not the only option in California. Legal separation is an alternative that can come with some benefits not offered by divorce. Like divorce, however, legal separation requires a formal legal process and approval by a judge. This makes it important to seek counsel from a family law attorney.
Contact Schoenberg Family Law Group to speak to a Mountain View legal separation lawyer about your case in detail. We will work diligently to achieve optimal results while keeping the legal process as stress-free as possible.
Benefits of Legal Separation vs. Divorce
With legal separation, you and your spouse remain married. However, you are free to live separate lives, with separate homes and bank accounts. Legal separation might be the right choice for you if reconciliation is a possibility in the future, or if you do not meet California’s residency requirements for a divorce. It may also be for you if you wish to enjoy any of the following benefits:
- Remaining eligible for insurance benefits (including Social Security) through your spouse’s employer.
- Protecting your separate property after separation while keeping your marriage intact.
- Living a separate life from your spouse without going against your personal or religious beliefs by getting a divorce.
- Having the time and space you need to determine what you really want.
- Having the option to reverse the separation if you reconcile; you cannot reverse a divorce decree.
- Making the divorce process easier if legal separation does not lead to reconciliation.
- Filing a Joint Income Tax Return.
Divorce vs. legal separation is a personal decision. It will be up to you and your spouse to analyze the pros and cons of each option to decide which is right for your family. If you wish to discuss divorce vs. legal separation in more detail and relative to the specific facts of your case, contact our Mountain View family law attorneys to request an official consultation.
Rules of Legal Separation in California
If you decide legal separation is the right option for ending your marriage or domestic partnership in California, you and your spouse will either need to work together to arrive at a settlement agreement or take your case before a judge in Mountain View.
If you can work together on the major aspects of your separation, including property division and child custody, a judge will most likely sign off on the agreement you create with your spouse. This can save you time, stress and money by avoiding a legal separation trial.
If you and your spouse cannot reach a settlement, however, you will resolve your dispute in court. A lawyer can represent you before a judge to present your case with clarity. The judge will listen to both sides and make the legal separation official with a judgment that creates custody, visitation and property division orders.
When to Hire a Legal Separation Lawyer
Start your legal separation in Mountain View by planning your case with a family law attorney. Working with an experienced lawyer can make the legal process easier for you and your family. A lawyer can explain and navigate California’s legal separation laws on your behalf, as well as protect your rights throughout the legal process, while you focus on your future. A lawyer can also identify any issues you may encounter and create a tailored strategy for successfully handling them.
Speak to a Mountain View Legal Separation Lawyer Today
If you wish to legally separate from your spouse in Mountain View, California, contact Schoenberg Family Law Group to speak to an attorney about your rights. Our lawyers have years of experience and knowledge to help you with a legal separation or divorce case. Contact us online or call 866.963.8623 to schedule a consultation.
