San Diego Legal Separation Lawyers
Information on Legally Separating
There are many instances in which a married couple may elect to separate without actively pursuing divorce. Some couples decide to live apart on a permanent basis without ever planning to file for divorce. A couple may also choose to separate temporarily before determining whether or not divorce is the right decision.
If you separate from your spouse without taking legal steps to protect yourself, many problems may arise regardless of your situation. Child custody issues, the accruement of debt, or the sale of valuable marital assets can be avoided with legal planning.
Huguenor Mattis, A.P.C., is a top San Diego family law firm founded by a certified family law specialist with more than 35 years of experience. We have handled numerous California legal separations and can assist you in understanding what is in your best interests. Contact our office at (858) 458-9500 for a free consultation.
Providing Couples with Legal Separations and Separation Agreements
Many people misunderstand what it means to be legally separated. California distinguishes between becoming legally separated and entering into a separation agreement. A legal separation allows for two people to permanently live apart but remain legally married. People typically gain an order of legal separation for religious reasons or for issues surrounding health insurance. A legal separation is similar to a divorce and is filed with the court. Issues such as child custody, child support, and alimony are decided upon, and the court must make a final judgment on the request.
A separation agreement, by contrast, is usually temporary and is either a first step prior to divorce proceedings or is requested so that a couple may separate on a trial basis. Like a legal separation, the agreement is binding and makes a temporary decision on matters such as child support, alimony, and marital property issues. However, a separation agreement does not have to be filed with the court, and is considered a private contract in California.
If health insurance is a concern, then our San Diego attorneys will help you determine if separation would negatively impact your benefits. We will discuss major concerns with you and your partner, such as who will live in the family home, and how finances will be divided and spent, as well as any community property issues. Allowing us to mediate your separation ensures that you can rest easy knowing that your future is protected. Both you and your spouse can enjoy an amicable separation.
Frequent Asked Questions
Attorneys Providing High-Quality Legal Representation in San Diego
As a board-certified family law specialist, Thomas M. Huguenor has routinely proven that his knowledge and experience regarding domestic issues in California is unmatched. After 35 years of practice, our firm is well-versed in the complications of both legal separation and separation agreements. We have represented thousands of families, and have a reputation for protecting the interests of our clients. Contact our San Diego office of Huguenor Mattis, A.P.C., at (858) 458-9500 today for a free consultation.
- Divorce, Separation, or Annulment: What Is Best for You?
- California Supreme Court Clarifies What It Takes to Form a Legal Separation
- Divorce vs. Legal Separation in California