Taking a Personal Approach to Law

LEGAL SEPARATION Lawyer STOCKTON

California Domestic Partnerships

For some couples, there may be situations in which a legal separation is preferable to a divorce. Legal separation is sometimes a temporary solution for couples uncertain whether or not a divorce is what they really want. It allows them to gain some space and test the waters before making the dissolution of the marriage permanent. For others, for whom divorce is not a possibility because of religious or cultural reasons, legal separation may be a permanent solution to a failed marriage. Although legal separation is handled much like a divorce by the courts, after agreements have been made, the couple is still legally married. Legal separation can be viewed as a trial period prior to a divorce or a substitute for a divorce, albeit one that precludes remarriage.

Legal separation is a legally binding agreement that outlines the rights and responsibilities of the spouses during the time that they are living apart from each other. It involves many elements of a divorce, including the division of property, the family home, custody of children, asset protection, visitation rights, and spousal support. Legal separation must be agreed upon by both of the spouses.

Our Stockton legal separation attorney has decades of experience,

call us at: (209) 451-4450

BENEFITS OF LEGAL SEPARATION

There may be many reasons to choose legal separation over divorce. The main difference between legal separation and divorce is that after the terms have been settled, a divorce is final and cannot be undone. A legal separation may help couples reconcile their differences or simply help them decide if a divorce is the right course of action to take.

WHY LEGAL SEPARATION INSTEAD OF DIVORCE?

Maintaining a marriage for religious reasons
Providing a chance for couples to experience what their divorce would be like
Continuing receiving spouse’s insurance benefits
Retaining military benefits and/or tax benefits
Protecting certain social security benefits

Legal separation may also be more appealing to some couples because it takes effect immediately after the agreement is filed. A divorce may take six months or longer in California, and so many couples opt for the quickest solution. No matter what, if both parties are satisfied with the terms of the agreement and would like to go through with a divorce after a legal separation, they can do so.

ASSISTANCE IN NEGOTIATING A LEGAL SEPARATION

There are many considerations to be taken when it comes to deciding whether or not to end a marriage or a domestic partnership. It is extremely important to consult an experienced and knowledgeable attorney before proceeding with a legal separation or a divorce. If you are not sure if getting a divorce is the right course of action for you, legal separation is an alternative.

The well-experienced family law attorney at Stockton’s Law Office of Jennifer A. Niemeyer, is available to help you make this critical decision.

If you are considering a legal separation, contact the Law Office of Jennifer A. Niemeyer to arrange a time for a consultation with our skilled attorney to obtain information and assistance in protecting your rights. We will help you draft a separation agreement with a property division and, when appropriate, spousal support, that meets your needs and allows you to maintain your current standard of living after you separate, and we will work with you to negotiate a custody, support, and visitation agreement if you have children. Our lawyer is an expert in all areas of family law and has helped many couples facing marital difficulties find the solution that best suits their circumstances.

There is never a charge or obligation for your initial consultation.

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