It can provide many of the same protections that divorce
Legal Separation Lawyer in Riverside
Divorce or Legal Separation?
Divorce is not the only means of dissolving a marital relationship. In some cases, it may not be an option at all. When this is the case, you can consider legal separation as a way to eventually end your marriage or domestic partnership. Although many people think that legal separation may be a temporary separation of spouses and divorce a permanent proceeding, this is not true. Legal separation often serves as the basis of a divorce agreement, which makes it critical to ensure terms reached in a separation are in your best interests.
Holstrom, Block & Parke, A Professional Law Corporation, has assisted numerous clients throughout Riverside and Southern California with exploring their options for dissolving a marriage. If you are currently considering a legal separation, or are not sure of whether you should file for legal separation or divorce in your unique case, our Riverside family law attorneys are here to help.
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What it Legal Separation?
Legal separation is a process that is similar to divorce. While it allows married couples to live separately from one another, it does not change their marital status. Under § 2310 of the California Family Code, you can pursue legal separation based on either irreconcilable differences or incurable insanity.
Here are a few important points to know about legal separation:
- No new marriage – If a marriage has not been dissolved through divorce, neither spouse can remarry or enter into a domestic partnership.
- Children – If children are involved, family law matters related to child custody, visitation, and child support can be decided as part of a separation.
- Property division – Spouses can reach agreements on how property will be handled during the separation and if and when they legally separate. If spouses cannot reach agreements, a court may decide.
- Residency – California law requires at least one person in a marriage to have been a resident in the County where they file a legal action for a minimum of three months and a resident of the state for a minimum of six months. Some couples who don’t meet residency requirements may choose to initiate a legal separation, as there is no residency requirement for a separation.
- Options – Legal separation does not end a marriage, even though a legal separation can be made into a divorce petition. Because it is not a legal action with as much finality as divorce, some spouses may choose this option when they are unsure of completely severing the marriage, or even when a marriage allows one spouse to maintain legal status for immigration or health care.
Speak with a Riverside Family Law Attorney Today
Our entire team at Holstrom, Block & Parke, A Professional Law Corporation, is committed to making clients’ cases our highest concern. By working personally with you to discuss your current situation, we can help you better understand your rights, options, and what we can do to help. If you have questions about legal separation in California, speak with a lawyer from our firm during a free phone consultation. Contact us today.
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