Legal Separation Attorneys in Granite Bay, California
Dedicated Legal Advocacy During the Separation Process
Legal separation is an alternative to divorce that allows spouses to remain legally married while living independently of one another. Legal separation is similar to divorce in many ways. Both types of cases are brought to family court where crucial issues such as child custody, division of assets, division of debt, spousal support, or other issues are determined. The spouses may reach a mutual agreement regarding these issues, which can help create a more amicable environment during the separation. Spouses must follow certain steps to file for legal separation. A knowledgeable Roseville divorce lawyer can explain these requirements and discuss your needs during the separation.
Advantages of Legal Separation
Some people may choose to pursue a legal separation because of religious reasons if they are part of a faith community that does not condone divorce. Others may need some space from a relationship after turmoil in the marriage. Legal separation provides a number of advantages to spouses, including the following:
Retention of Benefits – During a legal separation, the spouses are still married and may continue to receive tax, Social Security, military, and health insurance benefits.
More Time – Being legally separated allows the spouses to have more time to contemplate whether they want to remain married or not. Many separated spouses use the time period as a trial to see how a single life will be.
Clarity – A legal separation can establish clarity during a tumultuous time. The legal separation agreement outlines custody rights, property division, and support matters so that the spouses do not experience anxiety during this uncertain time.
Head Start on Divorce – The agreement that the parties reach during their legal separation can often be used as a foundation for a permanent order in a divorce.
Disadvantages of Legal Separation
Legal separation also has some drawbacks. The parties are still legally married, so they are not free to remarry. They may still be legally bound to each other in important ways. Inheritance rights are not automatically severed during a legal separation, so if a spouse dies during separation, the surviving spouse may have the same legal rights as though the couple was still living together. A conscientious family law attorney can explain the advantages and disadvantages of legal separation and advise you on the best course of action given your individual circumstances.
Experienced Divorce Representation in Granite Bay, California
The talented family law attorneys at Herrig, Vogt & Hensley, LLP have successfully assisted clients in Rocklin, Citrus Heights, and Carmichael in pursuing a legal separation. We have built a solid reputation for success based on more than 100 years of combined legal experience and a friendly and capable support staff that assists us in addressing the needs of any client. Our firm can help to make the legal separation process as smooth and simple as possible.
Contact us online or by calling us if you are interested in resolving your marital conflict through a legal separation and would like professional guidance through the process.