Sometimes a legal separation may be preferred instead of divorce. Brentwood attorney Silky Sahnan can help you determine what course of action is best for you based on your situation.
A legal separation does not end a marriage or domestic partnership.
In a legal separation, the parties file a written agreement with the court that addresses and outlines how assets and debts will be divided as well as the child custody and child support arrangements, visitation schedules, and spousal support. During the period of a legal separation, parties cannot remarry.
A couple may decide they want to file for legal separation because:
- They do not want to divorce but, nonetheless, want to live apart and obtain orders from the court about money, property, and parenting issues
- They do not meet the required residency requirements to file for divorce in California, and they cannot or do not want to wait to get the process of separating started
- They do not want to divorce because they want to remain covered by their spouse’s or partner’s health insurance plan, or to maintain certain benefits that require the parties to remain married
California divorce lawyer Silky Sahnan will work with you to make decisions that will allow you to feel confident about the terms of your separation agreement.
When you file for a legal separation you can still get court orders regarding:
- Child custody and visitation
- Child support
- Spousal or partner support
- Division of property
California Residency Requirements for a Legal Separation
For married couples to obtain a legal separation:
- You may file in California if at least one of you is currently living in California
- After enough time has passed so that you meet the residency requirement for a divorce, you can file an “amended petition” and ask the court for a divorce (if you want a divorce)
For domestic partners to obtain a legal separation:
- If your domestic partnership is registered in California, either partner may file for a legal separation in California even if neither of you lives in California
- If your domestic partnership is NOT registered in California, you may file for legal separation in California if at least one of you currently is living in California
Is Legal Separation the Right Decision for You?
If you are considering legal separation as a choice and would like to learn more about this option, get in touch with me to discuss your case. I will help to calm any fears by answering your questions and addressing your concerns promptly. If you choose to proceed, I am ready to handle your case with the utmost respect and compassion.