What Do I Need to Know About Obtaining a Legal Separation in Fresno?

If you and your spouse have started to live separate lives, you may be unsure of what legal options are available. Many couples mistakenly believe that divorce is the only alternative. However, depending on the circumstances and personal preferences, a legal separation is a viable option for your needs. 

Unlike a divorce, a legal separation provides you with time to consider your options and determine what is best for your needs. The Bains Law Offices is a law firm with family law attorneys who have comprehensive experience in helping clients navigate their legal needs. When you come to us for help, we will professionally assess your case to ensure you make informed decisions regarding your future. Contact us today to schedule an appointment, and we will determine your legal options. 

When is Legal Separation a Good Alternative to Divorce?

In California, many couples choose to pursue legal separation rather than file for a divorce. Just like other legal issues, it is always best to consult with an attorney to ensure your rights are protected. It should be emphasized that although a legal separation addresses many of the same issues that may occur with divorce, individuals who are separated are not free to marry other people. 

Some of the most common reasons that couples may choose legal separation as opposed to divorce include:

Cooling-off Period

In some instances, couples may need a cooling-off period to live apart and evaluate their relationship without going through the divorce process. 

Religious Beliefs

Some couples choose to pursue a legal separation because obtaining a divorce conflicts with their religious or personal beliefs.

Financial Benefits

Depending on their circumstances, some couples may wish to live independently while also maintaining their health insurance, Social Security benefits, retirement accounts, or other financial advantages.

Tax Benefits

Couples who legally separate are still eligible to enjoy the tax benefits available to other married couples. 

What is the Process for Legal Separation in Fresno?

If you are considering a legal separation, your first step should be to consult a family law attorney who can explain the process involved and what to expect as your case moves forward. Having an attorney is invaluable, as they will act as your legal advocate, allowing you to focus on your family. 

The steps involved with filing for a legal separation include:

  • File a petition: The spouse who files the petition requesting a legal separation is referred to as the petitioner. As the petitioner, your attorney can file all paperwork, which will also include a summons alerting your spouse as to your intention to file for a legal separation
  • Serve the Petition: The petitioner must have their spouse, also referred to as the respondent, served with the Summons and Petition. Afterward, the Proof of Summons must be filed with the court to verify that the respondent was served with the paperwork
  • Respondent Response: After the respondent has been served with the Summons and Petition, they have 30 days to file a response with the court, which will include information regarding their income, expenses, assets, and debts. Likewise, the petitioner is also required to submit the same type of financial documentation
  • Negotiation: With the help of their attorneys, each spouse can negotiate the terms of their legal separation, including key issues such as spousal support, property division, and child-related issues
  • Final Judgment and Legal Separation Agreement: If the parties can reach an agreement, the court will review it to ensure that it meets all legal criteria. However, if the parties are not able to agree, the court will decide the core legal issues. After all matters have been decided, the court will issue a final judgment that recognizes the couple is legally separated but not divorced.

What are the State Requirements to Obtain a Legal Separation?

The Judicial Branch of California has specific legal requirements for couples seeking to obtain a legal separation. Unlike the requirement that states one spouse must have resided in California for at least six months and three months in the county where they reside, to obtain a legal separation, a spouse must only file legal separation paperwork in the county where they reside. 

Additionally, couples that wish to separate must state that they have irreconcilable differences with no hope of overcoming their differences. Citing irreconcilable differences is the most common reason couples seek a legal separation, and it does not require spouses to provide evidence to substantiate their claims. In rare cases, a spouse may cite “permanent legal incapacity,” which requires extensive medical documentation to demonstrate that the other spouse is incapable of making sound decisions. 

Regardless of your situation, it is best to seek a skilled attorney who can explain the state’s requirements, and you can make informed decisions as to what legal strategies will provide maximum benefits. 

What Makes Your Law Firm the Best Choice to Represent in a Legal Separation?

Our legal separation and divorce lawyers recognize that choosing to separate from your spouse can be one of the most overwhelming decisions you will ever make. When you come to us for help, we will treat you with the care and compassion you deserve during this challenging time. Our attorneys and staff will work closely with you to determine your specific legal and financial goals, helping you achieve the best possible outcome tailored to your needs.

Contact The Bains Law Offices in Fresno today at 559-282-8924 to schedule a consultation with one of our highly experienced attorneys who will gladly review your case.