Legal Separation Lawyers in Irvine
Effectively Serving Clients across Orange County
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.
During your confidential legal consultation, we will thoroughly explain how a divorce differs from a legal separation, discuss the requirements, and provide you with the necessary facts to make an educated decision regarding how you wish to proceed.
If you are presently married and need information regarding the differences between a dissolution of marriage (divorce) and legal separation, please contact Irvine legal separation Attorney Amy Neshanian and The Neshanian Law Firm, Inc to schedule your in-depth, personal consultation.
The Differences Between Divorce and Legal Separation
Spouses may decide to file for and obtain a legal separation if they do not yet meet California’s mandatory six-month minimum residency requirements to file for divorce, have religious objections to divorce, or for the purpose of keeping a spouse with chronic health problems on their healthcare plan (as permitted by their insurance carrier).
Legal separations are frequently utilized by couples who wish to:
- Permanently separate
- End the marital estate to stop accruing community property assets and debts
- Obtain family support (child support, alimony, or both)
These are all for various reasons do not want to obtain a divorce. If spouses choose to file for legal separation because they do not yet meet California’s residency requirement but no longer wish to continue living as husband and wife, they may convert it into a divorce action once they meet this prerequisite. For additional information, please contact The Neshanian Law Firm, Inc.
Converting a legal separation to a dissolution of marriage is allowed after the initial filing but prior to the other party filing their response, or after finalization.
There are three primary differences between legal separations and divorces, as set forth below:
- A divorce will be granted even if one party to the action objects. However, legal separations require the consent of both parties.
- At least one spouse seeking a divorce must be a California resident for six months before the clerk of the court will accept a filing for dissolution of marriage. However, residency requirements do not apply to those seeking a legal separation.
- A legal separation will go into effect immediately once it is ordered by the court. With respect to divorce, even if all of the issues are resolved shortly after filing, the earliest that a divorce can go into effect is six months after the date of filing.
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.
A Compassionate, Aggressive Legal Separation Attorney in Irvine
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.