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Divorce is not the only way to end a marriage in the state of California. A legal separation may be a viable alternative to some spouses, as it provides some benefits that divorce may not. Much like a divorce, legal separations also require lengthy court proceedings and must be approved by a judge. The Schoenberg Family Law Group, P.C. can guide you through this process and advise you on your options regarding legal separation. Our San Mateo legal separation attorney can inform you on the advantages and disadvantages of both divorce or legal separation, determine what is right for you, and work diligently by your side to ensure whatever decision you make is for your optimal benefit.
Legal separation means that a married couple is no longer together in the eyes of the law. The couple no longer forms their own community. While they are still married on paper, they are viewed as single and may lead separate lives. The marriage is not dissolved. Most couples who are legally separated take it as a time to cool down, evaluate the relationship and determine where to go from there.
Like a divorce, a couple that gets legally separated must work out the division of their community property, including real estate, assets and debts. They must also obtain a child custody agreement or create a parenting plan for any minor children. Unlike a divorce, however, a legal separation does not have to be permanent and does not dissolve the marriage. This can allow one or both spouses to retain certain marital benefits, such as tax or health insurance benefits. It also leaves room for reconciliation.
Legal separation in California requires specific paperwork and legal processes. These processes are very similar to a divorce. It starts with filing a petition for legal separation and paying a filing fee. There is no residency requirement for legal separation, however, as there is for a divorce. You can seek legal separation in California regardless of how long you have resided in the state or county.
As in a divorce case, you and your spouse will need to determine issues such as the division of your property. If you can both agree on the terms of your legal separation, you can reach a settlement and avoid a trial. A judge in San Mateo will most likely sign off on the agreement that you and your spouse create. If you cannot agree, however, the case may be handled by a judge.
A couple is not officially legally separated in California until the court issues a judgment of separation. Establishing your date of separation prior to this, however, can help you protect your separate property. Moving out instead of sharing a home with your spouse, for example, establishes a date of separation, after which any money you make or property you acquire will be yours (separate property). Expressing your intent to end your marriage can also create a date of actual separation.
Although legal separation is not as permanent as getting divorced in California, it is still a complex legal process that can have major repercussions on your life. If your legal separation case has any complications, such as minor children or high-value assets, it is important to hire an attorney in San Mateo to help you improve the outcome of your case.
A law firm has smart legal strategies to fight for your desired results, as well as special legal resources and experienced staff members. Throughout your legal separation case, a lawyer will advocate for your rights and explain the legal process in a way that is simple and clear. The goal of your attorney will be to achieve a positive outcome while helping you through a difficult time in your life.
Generally, there is little difference between a legal separation and a divorce – both signal the need to conclude a legally upheld partnership. However, some married couples may opt for a legal separation over a traditional divorce for a few reasons:
Ultimately, the process for filing for divorce or a legal separation are generally the same, with much of the same legal proceedings involving child custody, child support, spousal support, and property division. This process can be as complicated as the traditional divorce process, so it is essential to hire an experienced family law attorney to offer guidance and insight into your best options.
The Schoenberg Family Law Group, P.C. has served clients for nearly 40 years, assisting clients in Foster City, Menlo Park, Burlingame, Daly City, South San Francisco, San Bruno, and San Carlos.
As legal professionals specializing in all matters of divorce and family law, we can help you successfully navigate the legal separation process. We ensure you understand all the advantages (and disadvantages) that come out of legal separation, and handle your paperwork and all other proceedings with comprehensive diligence. We firmly handle all of the specifics of a legal separation, including child custody, child support, property division, and any spousal support issues that may arise.
Additionally, if you have already filed a legal separation and decide to dissolve your marriage in the near future, we can advise you on what is necessary in order to do so.
Please contact our legal separation lawyers online or call (650) 761-9523 for your initial consultation, and if you are unsure which path to take to effectively end your marriage.
"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
