Santa Monica Legal Separation
For some couples facing marital problems, divorce may not be the best solution to improve their situation. Being legally married to one another may still be beneficial for both parties, and there may be a chance that they can still salvage their relationship.
Legal separation would then be the ideal solution for these couples, allowing them to live separately while maintaining their marital status. However, applying for legal separation is quite different in Santa Monica, CA, so one will need an experienced legal separation lawyer to help with the documentation and negotiations for critical arrangements.
Our Santa Monica, CA, law firm has a legal team ready to make the process for legal separation as easy as possible while ensuring you are well-informed about what is about to happen. Given the nature of legal separation cases and their effects on all parties, our team will handle your case compassionately and provide personalized legal services that match your situation. You can also count on us to represent your interests during the negotiations and mitigate any negative impacts or complications.
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Santa Monica Legal Separation attorney.
Understanding Legal Separation
In California, legal separation is an arrangement where a married couple can live separately while remaining legally married. This arrangement allows for the separation of assets and the implementation of a parenting plan if the couple has children.
Upon finalizing legal separation, the couple can still enjoy the benefits granted to married couples and provide for their children. They can choose to reconcile and continue their marriage. However, any property acquired during the legal separation will be considered separate property if they decide to proceed with a divorce. It’s important to note that legally separated couples are not allowed to marry anyone unless they go through a divorce or seek an annulment.
Choosing Legal Separation over Divorce
For some couples facing marital problems, divorce may not be the ideal solution.
Legal separation offers both parties the time and space to reflect on their relationship, providing a neutral ground for discussing issues affecting their marriage. This period of separation allows them to calm down and think more thoughtfully about resolving their problems.
Another reason to opt for legal separation is when a couple doesn’t meet the residency requirements for divorce in California. Divorce in the state typically requires at least 6 months of residency or at least 3 months in the county where they plan to file. On the other hand, legal separation doesn’t have specific time requirements and doesn’t necessitate the parties to live in California.
Remaining married can be advantageous, especially when young children are involved. Both parties retain access to each other’s benefits, such as health insurance and tax benefits. These benefits may be affected if a divorce is pursued unless support arrangements are made during the proceedings.
During the free consultation service, your Santa Monica legal separation lawyer can assess whether legal separation suits your situation. We can also explore alternative options should legal separation not meet your needs.
The Legal Separation Process in Santa Monica, CA
California operates as a no-fault state, which means only one party is required to initiate divorce, legal separation, or annulment proceedings, and they aren’t obligated to present any evidence. To file for legal separation, the initiating party must be a California resident before submitting the required forms. In these forms, the filing party needs to specify one of two grounds for legal separation: irreconcilable differences or the permanent incapacity of the other party to make decisions.
The other party must receive a copy of the filed forms and can choose to respond or not. In cases without a response, both parties must exchange financial information to assist in determining child or spousal support and custody arrangements. The court oversees negotiations and intervenes only if the parties can’t agree on the arrangements. Once the terms are settled, the legal separation is finalized.
Your designated Santa Monica legal separation lawyer can guide you through the legal separation filing process. We’ll assist in negotiating child support, spousal support, custody, and asset distribution. Legal advice is available to contest or advocate for specific arrangements.
Excellent Legal Separation Attorney in Santa Monica, CA
At Benefield Law - Family Law Trial Advocates P.C., we know how life-changing decisions like legal separation can affect your life. From the proceeding itself to the arrangements that need to be resolved, each party must be able to follow the court’s order and know how to proceed. This is why we make it a point to personalize our services and help clients better understand their legal cases.
When you contact us, you will be assigned to one of our experienced Santa Monica legal separation lawyers. They will serve as your guide and leading legal representative, answering your questions and preparing the correct legal strategy to resolve critical issues. You can also count on us to negotiate with your interests in mind and provide you with the right advice or resources in case of complications during the discussions.
Free Consultation Today
As a married couple, it can be difficult to decide after all the challenges you have faced to get to this point. However, if you believe you need a timeout to think things over before divorce, you can take legal separation instead.
Our Santa Monica legal separation lawyers can help you file the forms for legal separation and ensure that all the financial arrangements are made to cover critical issues affected by the separation. Call us at any time to learn more!
Call Benefield Law - Family Law Trial Advocates P.C. at (310) 807-6759 for your Free Consultation with a Santa Monica Legal Separation attorney.