Irvine Separation Attorney
Filing for Legal Separation in Orange County, California
Legal separation in CA has many advantages, and many couples choose to go this route before or instead of a filing for a formal divorce. As a Certified Family Law Specialist by The State Bar of California Board of Legal Specialization, Attorney Amy Neshanian has extensive experience working on behalf of individuals who want a legal separation in Orange County. 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.
We understand that navigating family law issues, such as legal separation, can be overwhelming at first. It is highly recommended to speak with a legal professional to discuss your options and answer any questions you may have about the process. All of this can be discussed in a consultation with Attorney Neshanian.
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.
Thinking about legal separation? Contact legal separation Attorney Amy Neshanian at The Neshanian Law Firm 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 separately and have some degree of separated finances. A legally separated 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. For additional information, please contact a separation attorney at The Neshanian Law Firm, Inc.
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
How is Legal Separation Different from 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.
Do I Need a Lawyer to File for Legal Separation in CA?
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.