Deciding to get married is one of the biggest decisions that adult individuals make. However, it is not unusual for a couple’s circumstances to change over time and for one or both parties to want a ‘time-out’ – without necessarily ending their marriage altogether. In these circumstances, a period of legal separation may be called for. A legal separation can last for a short time before reconciliation, an indefinite period of time, while in other circumstances, the separation may simply occur before transforming to a final divorce. If you are contemplating a legal separation from your spouse, the experienced California legal separation lawyers at Miranda, Magden & Miranda, LLP may be able to help. Our legal team can review your marital circumstances with you and help you determine if legal separation is right for you, given those circumstances.
In the State of California, a legal separation, in and of itself, does not end a domestic partnership or marriage between spouses. Rather, a legal separation leads to a family court stepping in and deciding the responsibilities and rights that are applicable to spouses who wish to live separately and apart. The involvement of the family court, and decisions the judge actually needs to make in your case, will depend on the level of cooperation and agreement that exists between you and your spouse.
During the time that spouses are legally separated, they remain married. However, the separate spouses have access to court orders that can be used to assign child/family support and custody of minor children, as well as separate finances for each of the spouses. Spouses who are separated may also be in a position to keep some types of marital benefits. Those retained benefits often include life insurance and health insurance benefits.
The steps that spouses must take in the State of California to file for legal separation are very similar to the steps they must take when filing for divorce. The steps to file for a legal separation include all of the following:
Unlike divorce cases that dissolve your marriage, there are lesser residency requirements for a separation petition.
There are several potential legal grounds for separation in California. Most commonly, the petitioner spouse may allege that the couple has irreconcilable differences that have led to the marriage breaking down. In general, California is a “no-fault” dissolution/separation state, so either spouse may request a divorce or separation, even if the other spouse is not in agreement.
If you are considering a legal separation in the State of California, a knowledgeable attorney at Miranda, Magden & Miranda, LLP, can help to streamline the process for you and ensure that it goes as smoothly as possible. For a legal consultation or case evaluation with an experienced California legal separation lawyer, please contact us online today for more information.
Are you considering legal separation? Our experienced attorneys can help. We serve clients across Monterey, Santa Cruz, San Benito, Santa Clara, and Alameda counties and help them with their family law issues.
Patricia has been so helpful and provided excellent service. My husband and I are so grateful for all the help she has provided to help me immigrate to the United States. We really could not have gotten through it without her help. A big thank you to Patricia\'s assistant, Ingrid as well for always being prompt with responses and helping us get all the paperwork ready at each stage. I highly recommend Patricia for anyone who needs immigration help.
Thank you Miranda and team for the excellent service provided. Miranda is a compassionate, understating, extremely knowledgeable and professional attorney. Her team was always on top of everything making my legal process less stressful. I could never thank Miranda and her assistant Ingrid for holding my hand throughout this difficult process (literally). Miranda is one of the BEST immigration lawyers ever! I would definitely recommend her.
They represented my custody case and handled it like it is their own case and they are best in Monterey County.
The entire team at MMM are superstars! I appreciate all the time and prep that went into my original case many years ago. And now recently, I asked for some help on a follow-up custody matter that I felt I could handle myself but just needed their expertise to properly represent all the important details. They are knowledgeable, extremely thorough, and prepared me for every possible scenario. I can't thank them enough!
My partner and I sought legal advice on bringing my fiance' to the United States with this office after having called a few immigration attorney offices around Monterey County. Having never sought legal advice before it was a refreshing experience in which we both really felt that Patricia listened intently to our goals and needs, and then not only gave us thorough advice, but also she really showed a lot of empathy with our situation and all the challenges we faced in what we trying to do. I would definitely recommend this office for anyone who is unclear about what..
Working with Patricia was a professional encounter unlike any other, an absolute 5-star experience. From the first moment, we walked into our consultation until the moment our case was closed and my husband walked away with his permanent resident card Patricia was communicative, professional, and thorough. Her team contacted us every step of the way providing valuable process and law changes we would not have been able to catch if we tried to navigate this endeavor alone. Patricia answered our endless question stream with thoughtfulness and care, calling us countless times to ensure we were clear on every piece of..
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