When your marriage is having difficulties, all potential options are on the table. You need an experienced divorce attorney to help you evaluate what may be next. The Law Office of Taylor B. Warner, APLC has established a track record of handling separations and divorces with compassion and diligence.
Spouses may opt to go through every part of the legal process, except for getting the actual divorce. California law gives spouses the option of a legal separation without finalizing a divorce. You may still have disagreements over key issues, so legal separation is not without its own difficulties.
Call the Law Office of Taylor B. Warner, APLC today to schedule time with a divorce lawyer. We will go through your case with you and explain what you should consider. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.
The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.
Legal separation in California has practically all the hallmarks of a divorce. However, the two spouses remain legally married for reasons that may include the following:
It is up to you to choose between divorce and legal separation in California. If both spouses meet the residency requirements, and one spouse wants a divorce, then they would be able to file for divorce. Legal separation is usually something that is a mutual agreement between the spouses, assuming that they both meet residency requirements for divorce.
Legal separation settles and severs many aspects of the spouses’ legal relationship, while still leaving them married. Along the way, the court, or the spouses themselves, could address the following issues:
Legal separation may have a more streamlined process than a divorce. First, you would not need to go through the six-month waiting period after the papers were served required in a divorce. However, many of the other aspects of the process are similar to a divorce. One spouse would still need to file a petition for legal separation with the court and serve it on the other party. The two spouses would still need to go through a discovery process, where they share financial information with the other spouse.
Legal separation is much like divorce in that the two spouses can negotiate an agreement amongst themselves. However, if they cannot reach an agreement, the judge may still decide the matter after a contested hearing. You may need to go through multiple rounds of proposals and counterproposals before you are able to reach a separation agreement. Just because you are still remaining legally married does not mean that the process would be less emotional and easier.
You should still hire an attorney for a legal separation the same that you would for a divorce. There are some aspects of a legal separation order that cannot be modified once they are entered, such as the division of property and debts. Other issues, such as child custody and spousal support, can only be changed when one spouse can show substantially changed circumstances.
An experienced legal separation attorney could do the following for you:
If you are considering a change in your marital status, call the Law Office of Taylor B. Warner, APLC today to discuss what may come next with a divorce lawyer. You can reach us by phone at 909-466-5575 to schedule an appointment. Let us deliver results for you.
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