However, since this is not a “divorce” or dissolution of marriage, there is no “cooling-off period” or waiting period for legal separation actions. A judgment on legal separation is usually the document that creates an order of legal separation. It seems that you want to make sure you close your file. Otherwise, after a while, most courts will simply dismiss your case because it didn`t close it in time. So that your case disappears completely. Legal separation of the parties may be based on one of the following reasons: Legal separation allows a couple to share their property and debts and live a separate life without ending the marriage. After a legal separation, a couple may or may not continue to live together. Marital status also triggers entitlement to health insurance and other benefits. A divorce may result in partners and children not being entitled to benefits. Legal separation allows individual finances to be controlled without compromising health benefits. You are seeking legal advice and will need to direct your questions to a lawyer. An experienced family law attorney in California can help you with your legal separation. The choice between legal separation and divorce is an extremely personal matter with no specific right or wrong answer.
While some people prefer legal separation based on religious or moral preferences, others choose legal separation because they believe it will be emotionally easier for their spouse and children. Still others want to use intact marital status to try to continue sharing the same health insurance benefits or military spouse privileges. If you`re considering filing for legal separation, a professional, non-legal assistant will save you thousands of dollars compared to hiring a lawyer. Plus, the process is much easier than trying to do it yourself! At A People`s Choice, we`ve helped thousands of California residents apply for legal separation. Contact us for more information. Getting married is a life-changing decision and involves joint decision-making in most areas of life, from finances to raising children. Overcoming these challenges can be difficult, even with the best planning. Sometimes circumstances change drastically after marriage, when one spouse feels the need for time off but is not yet ready to end the marriage. This is called legal separation, which can be permanent or simply prior to divorce and has significant legal consequences depending on the state. The date of separation is used to determine each spouse`s community and separate ownership interest, and under California law, property acquired by the community prior to the date of separation is divided 50/50 between the partners, unless the parties agree to a different division between them. California has time-limited restrictions before the divorce is filed.
You or your spouse must have lived in California in the past 6 months. In addition, the same person must have lived in the bidding county for the last 3 months. If you or your partner do not meet these California residency requirements, you can opt for legal separation and then file for divorce after the appropriate time limit has expired. Whether you`re looking to dissolve marriage (divorce) or legal separation, be prepared to participate in a legal dispute. As described above, the procedure and case structure are the same for both types of cases. The same disclosures are required, the same hearings will take place and you will resolve your case in the same way. Filing for divorce or legal separation can be a daunting task. There are many considerations that need to be carefully considered before applying for legal separation, as many of the perceived benefits of legal separation are not really beneficial in reality. We have litigated countless divorce cases and numerous legal separation cases. In fact, we dealt with cases in which the parties were legally separated and later divorced. We offer a free private consultation to discuss whether a divorce or legal separation is right for you. Our office is conveniently located in Irvine across the street from the airport.
Contact us today. The filing of an unmarried separation allows a quick separation of finances. A change in marital status may delay or limit tax obligations. If it is expensive to maintain, a legal separation may be the best choice.