Eastvale Legal Separation Lawyer

If you’re experiencing serious problems in your marriage but aren’t sure whether a divorce is right for you, you and your spouse can consider a legal separation. An Eastvale legal separation lawyer from All American Law can help you and your family navigate the family law process at Riverside Superior Court.

A separation doesn’t mean the marriage is over or that divorce is right around the corner. Sometimes, people just need some time apart. However, even in a separation, there are matters couples must address.

What Is a Legal Separation?

A legal separation is a court-approved agreement that outlines certain terms for spouses who are taking time away from their marriage. While a couple doesn’t need a court order to live apart for some time, a legal separation makes sure matters of custody, asset distribution, and child support are addressed and legally enforceable. While a separation does involve some similar steps as a divorce, there are some important distinctions.

In a separation, couples retain their legal status as married, and they are not able to remarry. Similarly, there are tax implications when spouses remain married but separated. What’s more, reconciliation is still a possibility when a couple is separated rather than divorced.

Do You Need Grounds for a Legal Separation?

The ability to legally separate is established under Family Code § 2310. California is a no-fault state for divorce and legal separations. This means spouses do not need to list a reason for the separation to be granted. However, you can include your grounds for requesting a legal separation when you petition the court. Common reasons to pursue a separation include:

• Adultery
• Domestic violence
• Abandonment
• Fraud

Matters to Address in a Legal Separation Case

During your legal separation case, there are important matters that you and your spouse have to address. Even if you aren’t divorcing, you need to come to an agreement on certain things, including:

• Child custody. If you have children and are separating from your spouse, you’ll need to create an agreement that sets out terms for parenting time and custody. Without an agreement in place, parenting time can become a contentious issue that further divides a couple.
• Asset division. You may not be divorced, but you’ll still need to decide who owns what property. You and your spouse will need to divide your assets and debts. There could be arguments over who has access to the property, and other expenses may go unpaid.
• Child support. Whichever parent has primary custody of any children may need financial assistance from the other. Child support can cover living expenses, education costs, medical bills, and other costs of raising a child.
• Spousal support. In some cases, a spouse may need financial assistance to maintain their standard of living while they’re separated from their partner. Couples may agree to spousal support payments to cover the costs of living and housing for the recipient.

How an All-American Law Firm Can Help

In 2023, the U.S. had a divorce rate of 2.4 per 1,000 residents. While a separation isn’t the same as a divorce, the need for an experienced Eastvale legal separation attorney remains the same. The lawyers at All American Law have a combined 30+ years of experience helping clients file for legal separation and divorce. We understand how emotionally difficult these cases can be, and we approach every one with patience and empathy.

Our attorneys know California’s legal separation laws, and we work with our clients to help them understand their legal options and the ramifications of separation.

FAQs

Should I Get a Lawyer for a Legal Separation?

Yes, you should get a lawyer for a legal separation, whether or not you believe a divorce might be the next step for your marriage. Even in a legal separation, you and your spouse may need to address similar matters to a divorce, such as child and spousal support and property division. What’s more, your attorney can help create a legally enforceable agreement that protects everyone. While not legally required, a lawyer can be a great ally during this process.

Why Is Moving Out a Mistake in a Legal Separation?

Moving out during a legal separation can be a mistake for several reasons. For one, it can impact your ability to get custody of your children if the court sees this as a form of abandonment. What’s more, this can cause significant financial strain on you, and the expense may not be worth it. One of the biggest reasons this is a mistake, though, is that you could weaken your claim to the home during a divorce.

What Should You Avoid During a Separation?

There are a few things you should avoid doing during a separation. First, don’t move out of the family home, as this can have multiple negative effects. Additionally, avoid hiding assets. The court considers this a form of fraud, and there could be severe consequences if you’re caught. Lastly, don’t take your family business to social media. In other words, don’t badmouth your spouse on social media or speak about the case, as these posts could be used against you.

What Is the Six-Month Rule for Divorce in California?

In California, the six-month rule refers to the waiting period spouses must adhere to after petitioning the court for a divorce before their marriage can legally end. This gives the couple time to cool down and reassess whether a divorce is what their relationship needs. What’s more, the partners can spend this time working on creating an agreement that covers asset division, child custody, and support.

Hire a Legal Separation Lawyer

If you and your spouse need some space and don’t think a divorce is necessary, it may be time to consider a separation. Hire a legal separation lawyer from All American Law to discuss your case and learn more about the legal implications of a separation. We can explain the process and help you understand whether this is the right choice for your family.

Contact All American Law today to set up a consultation. Allow us to be your trusted partners throughout your legal separation case. We’re dedicated to helping you do what’s right for you and your family.