Newport Beach Legal Separation Lawyers

For many, legal separation is a less final alternative to divorce. It could also be the beginning of the end for some marriages. It’s usually a way for couples to stay separate legally, while remaining married or in a domestic partnership. This is a viable option for those who don’t want to get divorced for religious reasons.

As a result, legally separated couples live separate lives, whilst still staying married to their spouses. Of course, this means they can’t get married to someone else until they seek a divorce. With this option, partners can seek asset protection, and/or division, child support and custody, spousal support, and visitation rights.

Legal separation is a less stressful and contentious alternative to divorce. And many couples have opted for this instead. For some, it’s provided an avenue for couples to resolve their differences and get back together. For others, it’s served as the beginning of a divorce.

Whatever your reason for seeking a legal separation, you still need the help of a qualified legal separation attorney to help make the process as smooth as possible. Sarieh Law is dedicated to giving you the representation you deserve.

Our lawyers are highly experienced at helping clients navigate the legal separation process, and getting them a meaningful outcome.

How Does Legal Separation Work in Newport Beach, CA?

The process is pretty straightforward. During the legal separation process, the couple will go to the courts and enter an agreement about certain salient issues. The terms might be somewhat similar to what obtains in a divorce, but in this case, both parties understand they’re not getting divorced.

For this to work, the couple must come to the courts, already agreed on their various terms. The court requires this before it grants your request for a legal separation. According to CA Family Code 2345, the only condition in which a court will grant a legal separation with just the input of one party is if the other party doesn’t show up.

The California family law courts recognize the process of legal separation as similar to divorce. So, a couple can file for legal separation on the grounds of:

Irreconcilable differences
Permanent legal incapacity to make decisions

Are There Other Scenarios That Would Be Best Suited to a Legal Separation?

Yes there are. Legal separation would be ideal for couples who:

Want to separate their finances
Want to still retain benefits such as medical insurance
Don’t want to spend months dealing with a divorce case –this typically takes at least six months
Have not been in California for up to 6 months –so their minimum residency requirement for filing a divorce hasn’t been met

These are just some of the reasons people file for legal separation.

Legal Separation Agreements –What Do They Entail?

Both parties would have to draw up something called a Separation Agreement. This highlights some key aspects of their arrangement including:

Child support responsibilities
Visitation rights and duration
The person managing marital properties and assets
Spousal support
Child custody… and more.