Practice Areas
Orange County Legal Separation Lawyer
If you are in the process of considering a divorce, legal separation may be the best alternative to divorce in certain circumstances. Legal separation does not end a marriage or domestic partnership, but instead applies to spouses who wish to live apart for some time without going through the divorce process. If you are considering legal separation, contact an experienced Orange County legal separation lawyer to go through your available options and the details of legal separation.
Legal Separation in California
There are many different reasons why couples may prefer legal separation over divorce –perhaps the couple cannot get legally divorced based on religious reasons or other financial obligations and both parties have no intention to remarry. Whatever the reason, legal separation exists in California to provide couples with an alternative to divorce in certain circumstances. It is important that you contact a successful and dedicated Orange County divorce lawyer if you are considering filing for divorce or a legal separation in California.
Legal separations operate quite similarly to divorce proceedings in that you may agree on finances, child support, complex property division, and child custody issues throughout the process. Either you or your spouse may agree on these issues, or you may ask a court to rule on the issues.
However, there are many ways in which legal separation differs from divorce. Legal separation occurs immediately, while California law mandates a six month waiting period for all divorces. Additionally, there is no residency requirement to receive a legal separation, while parties to a divorce must have lived in the state for a period of time before filing for divorce under the laws of the state. Finally, whereas after divorce proceedings, former spouses can remarry if they wish, legal separation does not offer this reconciliation and instead the couple must either get divorced or remain legally separated.
Legal separation is not something to be entered in lightly, however, and the legal finality of the separation operates quite similarly to divorce. During the process of legal separation, most couples inevitably get divorced. However, legal separation offers an alternative for couples who either want to claim an interest in the other’s Social Security benefits or wishes to remain on the other spouse’s health insurance to cover medical emergencies. Legal separation can protect your former spouse in many ways, but will additionally prevent you from getting remarried, either to your spouse or to someone else.
Contact A Orange County Legal Separation Lawyer
If you are considering a legal separation, do not hesitate to contact the Orange County legal separation attorneys of Boyd Law. Divorce is a difficult process to go through, and sometimes legal separation makes the process much easier and can serve as a less permanent solution for couples to work through their issues over time. However, couples should be aware of all the benefits and downfalls to legal separation. Our OC legal separation lawyers have years of experience in handling complex family law issues and can assist you in filing for legal separation, as well as drafting agreements relating to spousal support, child custody, or child support payments which will take place during the period of legal separation, which can be done with the help of an Orange County child support lawyer. Call or stop by our Orange County office today for your initial free consultation or call us at (949)-835-4908.