TIf you do not meet the legal residency requirements to file for divorce in California, or if parties have religious or financial reasons to stay married, but they wish to protect their financial affairs and establish support or child custody without the divorce process, Legal Separations are available. The parties in these actions remain legally married and cannot remarry unless they file for divorce.
Property settlement, spousal support, child support, and custody and visitation can all be resolved through the process of legal separation. Just as in the divorce process, if there is a dispute on any of those issues, the parties must go to court and have the matter decided by a judge.
It is a good idea for couples who choose to live separately while remaining married to obtain a separation agreement if they can reach an agreement without litigation. This agreement will help you outline what happens to your finances and determines support for children while protecting your assets in case a divorce does occur.
Filing for Legal Separation
Even if you just arrived in California, you can file for a legal separation petition with a court in your jurisdiction. An attorney is highly recommended to help guide you through the paperwork and legalities of this process. Once filed, your spouse will be served with the paperwork; if the spouse does not agree with the papers, they may file a response and contest your requests.
Are you having a hard time with your spouse? Do you not want to divorce? Are you ready to file for a legal separation? It is important that you contact a Roseville divorce attorney who can help you file for your legal separation quickly and efficiently. When you work with my firm, you will work directly with the lawyer handling your case.
You can rest assured that I will do my best to help you obtain a legal separation and fight for your rights as a spouse and parent. Contact our family law firm today.