Montebello Attorney for Legal Separation Agreements
What is a legal separation?
A legal separation is a lawsuit which gives the court broad power to decide on any and all issues related to a marriage. When you are unsure of your options regarding divorce and family law matters, it is in your best interests to consult a Montebello divorce lawyer to avoid confusion and to get onto the best path for you and your family.
Family Law Specialists You Can Trust
When you have filed your legal separation with the court, you have given it broad authority to decide all family related issues. The court will:
- Determine all property division
- Decide which parent has child custody and who your children will live with
- Decide how much time your children will spend with each parent
- Determine the amount of child support to be paid
- Decide who will pay the debts
A legal separation proceeds in family law just like a divorce, except in the end the couple is only separated, not divorced. It is usually in your best interests to get all the crucial issues resolved prior to going to court. Our attorney is very skilled in negotiating for the interests of our clients in a legal separation.
There are several distinct differences between a legal separation and a divorce:
- The spouses must agree to a legal separation
- There is no waiting period to file
- A divorce takes 6 months, but a legal separation can be finalized immediately
- There is no residency requirement before filing
- A legal separation does not allow spouses to remarry
It is appropriate to file for a legal separation under certain circumstances. When divorce is against the spouses religion and neither party plans to remarry, or when the couple needs to remain married long enough for one spouse to be eligible to claim an interest in the other's Social Security benefits, or one of the spouses has medical issues which prevents their ability to get private medical insurance or last, neither spouse has lived in the state long enough to file a regular divorce action.
For high-quality, personal and compassionate legal services in all matters of divorce and family law, contact a Montebello divorce lawyer today.