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San Jose Legal Separation Attorney

A divorce is not the only legal remedy if you no longer wish to be married to your spouse. Legal separation is an alternative that can come with several benefits. If you wish to lead separate lives while remaining legally married, legal separation is the solution.

Like a divorce, legal separation in California comes with specific requirements. A San Jose legal separation attorney can guide you through the process while answering your questions and protecting your rights. Contact the Schoenberg Family Law Group for more information. Our attorneys will work diligently to give you the best possible legal experience.

What Are the Benefits of Legal Separation vs. Divorce?

Legal separation means that a couple is living separately but is still married in the eyes of the law. Legal separation is similar to divorce in that the couple divides their assets and works out issues such as child custody and child support. However, it does not dissolve the marriage. There are several potential benefits to a legal separation.

First, it can help you protect your assets if you believe that your marriage will end in divorce. California is a community property state, meaning that all of your assets that are classified as community property – everything you earned or acquired during your marriage – will be divided in half in a divorce. Your separate property, however, is safe from division. Separate property is anything you owned prior to your marriage. It is also anything you acquire after your date of separation or any inheritances or separate gifts.

Legal separation also has an advantage in that it is reversible. It is much easier to end a legal separation and return to married life than it is to get remarried after a divorce. If there is any chance of reconciliation, therefore, legal separation can be the best option. Finally, legal separation can allow you to keep certain benefits related to being married while still living a separate life from your ex-spouse. These can include tax benefits, health insurance and Social Security benefits.

What Is the Legal Separation Process in California?

For a legal separation, you or your attorney will need to fill out and file the correct papers with the Santa Clara County family courthouse. These are the same papers that are used for divorce. It is critical to be careful when filling out these forms, as they can affect the outcome of your legal separation. You will need to pay the filing fee and serve the papers on your spouse. Then, you and your spouse will enter into negotiations, which will either end in a settlement agreement or a trial.

You and your spouse will either need to work together to reach a settlement agreement or take your case before a judge. A settlement agreement for ending your marriage or domestic partnership is typically preferred, as it is faster and less expensive than going to trial. If you cannot reach a settlement, however, a San Jose legal separation lawyer can represent you before a judge to present your case.

Interested in Legal Separation? Request a Consultation With Our Lawyer in San Jose

Working with a family law attorney in San Jose can make for a much easier legal process for you and your family. It is especially important to hire a legal separation attorney if your case has any complications, such as minor children or high-value assets. Your lawyer will protect your legal rights and allow you to focus on the future. For more information about legal separation in San Jose, contact the Schoenberg Family Law Group, P.C. for a consultation.