Irvine Legal Separation Attorney
Filing for Legal Separation in Orange County, California
Irvine legal separation attorney Amy Neshanian is a highly knowledgeable lawyer who has been exclusively representing individuals in family law matters for nearly two decades.
As a Certified Family Law Specialist by The State Bar of California Board of Legal Specialization, Attorney Amy Neshanian is a highly knowledgeable legal advocate who has extensive experience working on behalf of individuals who want a legal separation in Orange County.
During your confidential legal consultation, we will thoroughly explain the difference between divorce and legal separation, discuss the requirements for a legal separation in California, and provide you with the necessary facts to make an educated decision regarding how you wish to proceed.
Contact Irvine legal separation Attorney Amy Neshanian at The Neshanian Law Firm, Inc today to schedule your consultation.
What is Legal Separation?
Legal separation is an official court document that states that a couple, that is legally married, wishes to live seperately and have some degree of seperated finances. A legally separtated couple will retain the benefits of being legally married. There are many reasons a couple may choose the route of legal separation. Legal separation may or may not end in divorce or dissolution of marriage.
Common Reasons for Legal Separation
The couple does not yet meet California’s mandatory six-month minimum residency requirements to file for divorce
- They have religious objections to divorce
- For the purpose of keeping a spouse with chronic health problems on their healthcare plan, as permitted by their insurance carrier
- They wish to permanently live separately
- They wish to end the marital estate to stop accruing community property assets and debts
The Difference Between Legal Separation and Divorce in California
There are three primary differences between legal separations and divorces, as set forth below:
- Legal separation requires the consent of both parties. A divorce will be granted even if one party to the action objects.
- Residency requirements do not apply to those seeking a legal separation. In the case of divorce, at least one spouse must be a California resident for six months before the clerk of the court will accept a filing for dissolution of marriage.
- A legal separation will go into effect immediately once it is ordered by the court. With respect to divorce, the earliest that a divorce can go into effect is six months after the date of filing.
How Issues are Resolved in Legal Separation & Divorce in CA
During legal separation proceedings, the court will treat the resolution of pertinent issues as it would if they had filed for divorce. Marital debts and assets will be equally divided absent the existence of a premarital or postmarital agreement, the issue of spousal support (alimony) will be ruled upon, and child custody, visitation, and support will be resolved if they have underage children.
Should I Have a Lawyer for Legal Separation
Dedicated to providing high-quality legal representation, Attorney Amy Neshanian quickly responds to all client phone calls and emails, and we provide clients with regular updates about the progress of their case.
At The Neshanian Law Firm, Inc, Attorney Amy Neshanian has vast experience in:
- Child-related matters
- Converting a legal separation to a dissolution of marriage
- Property division
- Spousal support
- Stipulated marital separation agreements
Absent converting a legal separation into a divorce, the marriage will legally remain intact, even if the marital estate no longer exists. Remarriage is forbidden unless one of the spouses died or the legal separation is converted into a dissolution of marriage.
Contact The Neshanian Law Firm, Inc. Today for a Consultation
Please contact Irvine legal separation attorney Amy Neshanian at The Neshanian Law Firm, Inc to obtain information about filing for legal separation. Centrally located in Irvine, Attorney Amy Neshanian provides caring, knowledgeable legal representation to those who reside throughout Orange County.
Call (949) 577-7935 today, and we can set up an appointment for you to come in for an honest, up-front legal consultation.