Legal Separation Available in San Leandro
Legal marital separation is an alternative to divorce which makes sense for many people and has distinct advantages for certain couples. Many people assume divorce is the only choice in their situation, but separation is a viable option which accomplishes many of the same goals.
Our family law practice has helped countless people in San Leandro by offering a full catalog of services which pertain to marriage, identity, child custody and more. We have decades of experience serving citizens of the Bay Area and it’s always our goal to help our clients receive the best outcome for their situation.
In the sections to follow, we will discuss a few things to consider regarding the marriage separation process. Hopefully this will give you a better idea of the service we can provide and help you determine if separation is a viable option in your situation.
What Is Marital Separation?
When a couple legally separates, it allows their marriage to continue while they live separate lives but also forces them to come to an agreement on important issues such as child custody, child and spousal support, division of assets and more.
Unlike divorce where a marriage is terminated, couples who separate can continue to enjoy the tax benefits of a married couple, can stay covered under their spouse’s insurance plan and a separation usually is much less costly than a divorce. Separation is a viable option for people who do not want to remarry, but if you want to marry again then a divorce will be necessary since under separation the first marriage legally never ends.
How Does A Couple Become Legally Separated?
The process of separation is very similar to the process of getting a divorce. A family law professional can help with each step of this process, and the initial step is to file a petition with the court. In an ideal scenario, both parties would agree and file together, but in some cases the other spouse will have to be served with court documents containing the petition for separation. From there, all pertinent details of the separation will have to be agreed to, either by negotiation between the two parties, mediation or in court if an agreement cannot be made. Once terms are agreed upon, the court finalizes the separation.
Why Do I Need An Attorney?
Even if you and your spouse agree to all the terms of your separation and are having an amicable split, there is still the matter of the rather complex legal proceedings to obtain a separation. If you are in complete agreement, an attorney can simply help guide you through the process using their experience and knowledge of local laws.
If the separation is not amicable or terms cannot be agreed upon, then an attorney is necessary to protect your interests and ensure you are treated fairly throughout the process. In this situation, obtaining qualified legal counsel is very important.
If you have questions about the separation process, our team is here to help. You can give us a call or schedule your appointment online for more information about our services.
