Some viable options exist for couples looking to go their separate ways in Sherman Oaks. Almost everyone is familiar with the divorce process as a tool to end legally recognized relationships. However, divorce is not the only option. Many people have religious objections to divorce or choose not to get one for a variety of reasons. This is where legal separation steps in. Legal separation is an alternative to divorce that may be an attractive option for many couples looking to call it quits. In this often complex and emotionally challenging process, rest assured, Diarian & Bociaga will be your trusted legal guide, providing you with the security and confidence you need when navigating a legal separation. Contact our experienced family law attorneys in Sherman Oaks by calling (818) 205-9090.
What Is Legal Separation in Sherman Oaks, California?
To understand legal separation, it may be easier to understand what it is not—a divorce. When married couples go through a divorce, their marriage is terminated, and they restore their status as a single person. With legal separation, this is not the case. When a married couple becomes legally separated, their marriage remains fully intact and legally recognized. The grounds for legal separation are established in Family Code Section 2310. In the legal separation process, the couple may divide property and debt, establish support orders, make arrangements for child care, and keep each other on an insurance or benefit plan. Couples may opt for a legal separation for several reasons, such as religious beliefs, societal stigmas around divorce, financial reasons, or unmet residency requirements for obtaining a divorce in California. Suppose a married couple wants a divorce but doesn’t meet the residency requirements. In that case, they can file a petition for legal separation and then amend it to ask for a divorce once they meet the residency requirements. If you are looking to file for divorce, make sure to speak with an experienced Sherman Oaks divorce lawyer for legal guidance.
What Are the Benefits of Legal Separation?
When a couple becomes legally separated in California, they can move on with their personal lives while remaining legally married. One of the most popular reasons why couples choose to get legally separated rather than get a divorce is to maintain insurance benefits under their spouse’s policy. For example, couples that become legally separated will still be able to receive health insurance, life insurance, and social security benefits. For Californians, you must be married for at least a decade to receive your spouse’s military and social security benefits. Being legally separated allows couples to move on from each other while still stacking up the years needed to meet these requirements.
Another alluring aspect of legal separation is its inherent flexibility. It does not have to be permanent. Legal separation is a viable option if you and your spouse decide you need some time away from each other. If you and your spouse decide that you want to stay together after your break, you can easily void your legal separation (unlike divorce, which is permanent once finalized). On the other hand, if you decide to call it quits for good, legal separations can easily be turned into divorce, making it a win-win either way. This flexibility puts you in control of your relationship’s future.
How Does the Legal Separation Process Work?
The process for legal separation is established in Family Code Section 2330. The legal separation process starts with the person who wants a legal separation, the petitioner, filing for legal separation with the court. The form that gets filed, called the FL-100, is the same one used for divorce, but the petitioner will check the “legal separation” box instead. The petitioner will pay the court-mandated filing fee and serve the papers to the other spouse. Serving the papers lets the other spouse know that the process has begun and they’ll have to respond within 30 days of being served.
For example, in divorce, both spouses must disclose their financial situations honestly. If either spouse fails to provide accurate information, they may be admonished by the court and forced to pay the other spouse’s attorney’s fees. This must be completed 60 days after the petition for legal separation is filed. If you didn’t file for the legal separation, you’ll have until 60 days after you file your response to make your financial disclosures. This disclosure includes informing the other spouse about all assets, debts, income, and expenses. Financial disclosures are not required to be shared with the court. They must only be shared with your spouse. Once disclosed, the court can reasonably determine how to split assets if the couple can’t agree.
Once the petition is filed and disclosures are made, the couple should try to agree on dividing assets and caring for their children. Coming to a mutual agreement on these critical issues will streamline the separation process and save thousands of dollars along the way. California courts vastly prefer couples resolving these issues independently rather than having the court intervene. If the court does intervene, it will generally divide property acquired during the marriage equally amongst spouses because California is a community property state. For property obtained before the marriage or gifts given during the marriage to a particular spouse, the judge will usually order that each spouse keep this separate property.
Most legal separations in California will involve joint custody. Just like finances, the parents can come to an agreement on their own about how to care for their children. If it’s left up to the court, the court will make decisions on child care that are considered in the child’s best interests. California can not base child custody decisions on gender. Instead, they may base their decision on a variety of factors like a parent’s availability to care for the children, the parent’s financial situation, any history of alcohol or drug abuse by either parent and the quality of the relationship between the parent and the child, among other things.
There are a few main differences between a legal separation and divorce in California. While there are stringent residency requirements for divorce, the resident requirements for legal separation are more relaxed. The only residency requirement for legal separation in California is that one spouse must live in the state. Also, unlike divorce, no six-month “cool down” period is needed for a legal separation. This means couples can become legally separated as soon as they wish from the date of their marriage and aren’t required to wait six months before initiating legal separation proceedings.
Get Support From Our Legal Separation Lawyers in Sherman Oaks
While you aren’t required to have a legal separation attorney in Sherman Oaks to get legally separated, going through the process alone can be difficult. A skilled Sherman Oaks legal separation attorney will help protect your rights throughout the separation process and make sure the process goes smoothly. At Diarian & Bociaga, we have over a decade of experience representing Californians legally separate, and we’re here to help you, too. Contact us today to learn more about the legal separation process and how we can assist you.