Legal Separation
Sometimes a couple is involved in significant conflict but may not want to get a divorce. Legal separation is an alternative to divorce for couples who do not want to live together but do not want to terminate their marriage. Couples may choose to legally separate for the following reasons:
- Separation gives couples time apart to decide if they really want to divorce.
- Separation allows the spouses to retain medical and other benefits that would end if the couple divorced.
- Divorce may violate the couple’s religious or personal beliefs.
- A military spouse may wish to remain married for 10 years to take advantage of certain federal benefits. Similarly, a non-military spouse married for at least 10 years, can obtain certain social security benefits.
- Separation gives the couple time to meet the residency requirements to file for divorce in California.
A West Covina family attorney can advise you about the advantages and disadvantages of divorce and legal separation in your particular situation.
A legal separation does not end a marriage. You cannot legally marry someone else if you are legally separated and not divorced.
When you are legally separated, you can obtain court orders about:
- Custody and visitation.
- Child support.
- Spousal support.
- Property and debt division.
- Payment of legal fees.
Separation Agreement
Rather than seeking a court order, you can enter into a separation agreement regarding any of these issues. The separation agreement can be used as a model for a final divorce settlement agreement.
For most couples without legal and financial knowledge, negotiating a settlement agreement is very challenging. Having a West Covina family attorney to represent your interests in a mediation or negotiation will ensure you get what you are entitled to. Sometimes, couples are cooperative regarding the settlement and the negotiation is relatively easy. However, in most cases, a West Covina family law lawyer is necessary to help the couple communicate, learn their rights, and prepare the settlement agreement.
Even when the parties agree on the issues, it is important to put the agreement in writing. An oral agreement is not enforceable in court. Proper wording of the agreement is important for protecting your rights. Working with an experienced West Covina family law attorney will alleviate your stress whether or not you ultimately decide to divorce.
Contact Us
A legal separation can be complicated, particularly when there is ill will between the parties. With years of legal experience, West Covina family attorney Daniel V. Cota has extensive experience with every aspect of family law in California. For a free consultation, call (800) 351-6850 today.