Roseville Legal Separation Attorney
Information about Legal Separations in California
If you do not want to currently terminate a marriage but would like to become legally separated from your current spouse, a legal separation may be for you! Couples who do not want to get divorced for a variety of reasons, but want to live apart and not share money or property, often seek this type of separation.
A legal separation does not completely end a marriage or domestic partnership. Under this agreement, you are still legally married and cannot get married to someone else. There are many reasons that couples choose a legal separation over a divorce. They may include money, parenting, religion, or property. A skilled family lawyer can help you make the right choices for you and your future.
In a legal separation, you will still have to discuss issues that come up during divorce. These could include the following:
You may still ask the judge to order child support, custody,
visitation rights, and restraining orders, just as in a divorce. To make sure that your interests are represented in a separation, you can contact a Roseville separation lawyer at my firm!
Benefits of Legally Separating
If you later decide to officially end the marriage with divorce, the process will be much easier. You can file an amended petition to request the court for a divorce. At that point, however, you will have to meet the state's residency requirements. If you and your spouse are seeking a legal separation, you do not have to worry about meeting
California's residency requirement. For those who do not have the reason to officially terminate a marriage but wish to live separate lives, a legal separation is an excellent option.
In addition to making the divorce process easier, separation will allow for other benefits. Couples can continue to get insurance benefits on their spouse's coverage, but be sure to check your insurance policy to find out what happens in the event of a separation. Spouses can also retain certain military and social security benefits, as well as receive tax ride-offs.
When Legal Separation Could Be Better than Divorcing
There are many reasons why you should consider a legal separation instead of a divorce. To begin with, filing for a legal separation can save you from having to pay hefty taxes. Also, you do not have to wait six months for a legal separation to be finalized. Waiting six months can be agonizing on your emotions and can make you feel as though you are living in limbo and putting your life on hold, when you are confident that you need some time apart. You can get a judgment as soon as your papers go through the court.
Also, if you are not 100% confident that you wish to pursue a divorce, you can give yourself time to think about it and you can always file later another action for divorce. While you do have to pay a new tax filing fee, your tax savings often outweighs this cost. Furthermore, if you would have a hard time getting insurance after divorcing your spouse, many plans allow a separated spouse to keep their spouse on their health insurance.
Many individuals remain legally separated because they want to remain legally married until the 10 year deadline for Social Security benefits (or in the case of military couples, military pension enforcement advantages).
Why consider legal separation? Besides the obvious financial benefits, often times, having some space will give you time to think through the weighty, long-term option of divorce. If you choose to reconcile, this is not difficult after a legal separation. No matter what option you decide is best for you and your family, it is always advised that you speak with an experienced Roseville divorce attorney so that you can weigh all of your options objectively and move forward with confidence and peace.
Need a Family Law Attorney for a Legal Separation in Roseville?
As your Roseville divorce attorney, I can help you pursue a legal separation to help you obtain the best result. In the same way as a divorce, you will need to have legal representation as you and your current spouse discuss the important topics, such as child custody and alimony. Through a consultation with my firm, I can help you know if this is the right process for you.
Contact the Law Offices of Evan Samuelson today to learn more about how I can help you through the process of a legal separation!