Santa Ana Separation Lawyers

If you and your spouse have decided to live separately, legal separation is an option you can take advantage of. A legal separation differs from a divorce, and there are different legal implications and requirements for it to be finalized. A legal separation is a smart option for some couples who do not wish to be fully legally divorced at this moment in time.

Although a legal separation is different from a divorce, it is still essential to have a legal representative on your side. Filing for a legal separation can take time, and you and your spouse must agree to all the major terms of the separation agreement before filing. Negotiations can be challenging to manage on your own, but our team at Sarieh Law Offices, ALC would be happy to review your case. Our attorneys can also represent you in your legal separation to ensure your agreement is fair to both parties. To learn more about our services, call today at 714-694-7723.

What is a Legal Separation?

A legal separation is an agreement between both spouses to live separately but remain legally married. Typically, both parties will live separate and apart while supporting themselves financially and maintaining their own bank accounts. However, as a couple, they may maintain legal benefits like healthcare or tax obligations.

During a legal separation, spouses create terms and agreements about assets, property, custody, and child support. These terms are similar to the terms of divorce, although the couple will still be legally married after going through a separation. The agreement is court-ordered, and both parties must follow the terms of the agreement as long as they are separated.

Some couples use legal separation as a trial divorce, but others prefer legal separation to divorce as a permanent option. There are many reasons why individuals may choose legal separation rather than divorce, including healthcare benefits, religious reasons, or tax benefits.

What Are the Benefits of a Legal Separation?

While not all couples choose legal separation, many spouses find that remaining legally married while living separately best suits their lifestyle. Some religious couples may face stigma or judgment if they get a divorce, so legal separation makes the most sense. Other couples have young children they’d like to co-parent together, so getting a legal separation helps them maintain their family unit better than if they were divorced.

Since couples can remain legally married, healthcare benefits and tax benefits stay the same. If one spouse is not working and the other is, maintaining those healthcare benefits can be a real concern for an individual. Social security benefits and military benefits will also remain the same after a legal separation unless otherwise stated in the separation agreement.

Legal separations are also a good option if a couple is unsure whether they want to divorce. Because a legal separation still maintains the marriage in the eyes of the law, the couple could reconcile later on. Legal separations can be temporary, and some couples use them as a trial separation to decide whether they want to divorce or not.

What’s the Difference Between a Divorce and a Separation?

A divorce is a legal way to terminate the marriage permanently. After a divorce, the couple is no longer legally married, and each party is free to get remarried if they choose to do so. Ex-spouses will not be granted benefits, healthcare, or assets from their former spouses any longer. Depending on the terms of the divorce, the process can take more money and more time than a legal separation.

A legal separation is an agreement between spouses to live separately and contribute to separate bank accounts while remaining married. Spouses can maintain mutual benefits and assets acquired during their marriage while still living as separate individuals. However, a legal separation does not grant the right to remarry.

What Common Mistakes Do People Make When Filing for a Legal Separation?

One common mistake individuals make when filing for legal separation is not seeking professional legal advice. They often assume that they can negotiate the terms of a separation on their own, but this frequently results in critical errors and potential financial loss. For example, they may inadvertently omit certain assets when detailing shared marital property, leading to an unfair division of assets.

Another common error is letting emotions dictate decisions. Legal separation can be an emotionally charged process that clouds judgment. This can lead individuals to make hasty decisions in an attempt to speed up the process. One party might agree to unfavorable terms just to avoid conflict, which can have long-term financial and emotional consequences.

People tend to neglect the potential tax implications of their separation agreement. Certain decisions made during the separation process can significantly impact an individual’s tax liabilities. For example, the division of property, child support, and alimony payments all carry potential tax ramifications, which, if not properly considered, can lead to unexpected financial burdens in the future.

Do I Need a Lawyer for a Legal Separation?

Seeking a legal separation is an excellent option for couples who do not want to get divorced or would like to try out what a divorce would be like. Deciding on the terms of your separation agreement can be a lengthy process, especially if you and your spouse disagree on any of the major terms. Having a legal separation lawyer on your side is the best way to advocate for your rights and protect your assets when creating a separation agreement.
Legal separation is a serious matter, but it may be right for you. If you have questions about legal separation or would like representation, call Sarieh Law Offices, ALC, today at 714-694-7723.