You need an experienced and aggressive legal team to enforce your rights, and we will take your case to trial if necessary.
We regularly handle cases throughout California, including Orange, Riverside, and Los Angeles Counties. Don’t fall into the ‘cookie cutter’ mold of divorce law. Contact us today at +1 (714) 491-2556 and find out how to assist you with your dissolution, custody battle, or other family matters.
Request Your Consultation with one of our Experienced Attorneys: +1 (714) 491-2556
Contact the Attorneys at Alkam Law Offices today to discuss your options.
Understanding Legal Separation in California
A legal separation is simply a procedure where a couple may become legally separated while at the same time remaining legally married. This means you do not receive any of the rights and benefits associated with divorces, such as child custody, visitation rights, and spousal support.
Legal Separation is sometimes used as part of the divorce process, where spouses obtain an initial legal separation before filing for divorce. However, this is not necessary; one can file for Legal Separation as a completely separate legal action.
Legal Separation will allow one spouse to remarry while the other remains single. In this way, a Legal Separation is a method for a married couple to divorce without actually going through the formal process.
Legal Separation is also used to protect assets during a divorce or parentage case, where a spouse may be concerned about losing their property in a possible unfavorable outcome. This allows for an official separation while preserving the rights and interests of both spouses.
While legal Separation is a relatively simple process, it can be expensive if you do not hire an experienced legal team to handle your case. If you have any questions about Legal Separation in California, please contact us at our office phone number +1 (714) 491-2556.
How Long Does It Take To Be Legally Separated in California?
The process of Legal Separation can take anywhere from a few weeks to several months, depending on how complicated your case is. A simple Legal Separation without any children may only require a month or two to complete, but others with more complex issues can take up to several months.
How Is Legal Separation Different From Divorce?
As stated above, legal Separation differs from divorce in two key ways.
First, Legal Separation does not terminate a marriage. This means that you will remain legally married to your spouse at all times during the process of Legal Separation.
Second, Legal Separation in California does not entitle either party to any benefits and rights associated with divorces, such as child custody or spousal support.
Do Both Parties Have to Agree to a Legal Separation in California?
Since several factors determine the amount of spousal support to be paid, it is possible to get waived of
Although, in many cases, the parties cooperate in the legal separation process, it is not legally required for both spouses to consent. One party can file for Legal Separation without the other knowing about it at all.
However, if you plan on filing for Legal Separation without your spouse’s knowledge or cooperation, we suggest hiring an experienced family law attorney to ensure your interests are protected.
Can Legal Separation Be Annulled?
Legal Separation can be annulled after the process is complete. However, it is very rare for Legal Separation to be annulled in California without one of the spouses filing a petition to have the case dismissed.
Can I File for Legal Separation on My Own?
You can file for legal separation without an attorney. Still, you should only do so if you are familiar with the divorce laws of California and if this is a relatively uncomplicated case.
Uncontested legal separations require little, if any, paperwork. We suggest you contact our office directly to request an initial consultation and case evaluation with one of our attorneys.
We Can Help in Your Legal Separation Case
The Alkam Law Offices are experts in California family law and have extensive experience handling Legal Separation cases. We offer consultations with case evaluations to help you make an informed decision when deciding whether or not to file for Legal Separation.
Our goal is to protect your rights while helping you avoid any unnecessary or expensive court proceedings. We are available at +1 (714) 491-2556 to request your consultation today.