Legal Separation Attorney
Sonoma County – Legal Separation Attorney
Santa Rosa – Petaluma – Ukiah – Lakeport
Legal separation attorneys understand that a legal separation does present certain advantages over divorce in some situations. In California, there is a mandatory six-month waiting period after a spouse is served with a Summons and Petition for divorce. The is no waiting period with a legal separation. There is a jurisdictional advantage to a legal separation as well. To file for divorce in California, one party must live in the State for 6 months and in the county of filing for 3 months. With a legal separation, there is no such regional requirement.
Other considerations in choosing a legal separation is that while legally separated, neither spouse can remarry, often a spouse is still able to continue the same health care plan, and tax benefits afforded to married couples remain still available because a legal separation does not change your marital status. With that in mind, for long term marriages where neither spouse is considering remarrying, but no longer want to be together, a legal separation can be a useful option.
Beck Law P.C., can assist you with a legal separation and with preparation of a legal separation agreement. The agreement is binding and enforceable through the courts, so we can work to protect your rights during the dissolution process whether or not a divorce is your final intent.
Some Benefits of a Well-Drafted Legal Separation Agreement
- Preserving Benefits: you may preserve some of the benefits of a married couple, typically including health insurance benefits.
- Protecting Rights: protection can be extended to your rights as they relate to Child Custody, child support, and alimony if applicable.
- Limit Access to Funds: agreements can be reached that will limit or restrict access to credit cards, joint checking and joint savings accounts.
- Limit Further Joint Debt: you can be safeguarded from any debt incurred by your spouse during the waiting period prior to the divorce becoming final.
- Tax Deductions: tax deductions for spousal support payments, provided that this is so noted on your separation agreement (or ordered by the court) may be taken.
- Other Items: tax deductions for spousal support payments, provided that this is so noted on your separation agreement (or ordered by the court) may be taken.
Santa Rosa – Legal Separation Attorney
If you live in Sonoma County, Mendocino County or Lake County California, we can assist you with a legal separation agreement. Contact us to learn more about the benefits of a legal separation and drafting a separation agreement that is right for you.