Legal Separation in Santa Rosa and Sonoma
Understanding Separation Agreements
Contrary to what most people believe, legal separation is not for people who are unsure if they want a divorce. Legal separation is not a trial separation and is not meant to give a couple a time-out if they are having marital problems.
Unlike a divorce, a legal separation does not end a marriage. If you are legally separated and not divorced, you cannot marry another person. Legal separation is for couples who do not want to get divorced but want to live apart and resolve money, property, and parenting issues.
The legal separation proceeding gives the court the authority to determine any issues related to the marriage, such as the division of property, child custody, child and spousal support, and the payment of debts.
Divorce Separation in Sonoma and Santa Rosa
One of the main differences between divorce and legal separation is that spouses must agree to the legal separation agreement. Also unlike a divorce, a person seeking a legal separation does not have to meet the California residency requirements for a divorce, which are residing in California for six months and residing in a county for three months.
If the spouses do not agree to a legal separation, the proceeding may automatically become a divorce proceeding. Also, a person who has filed for a legal separation may later file an amended petition to ask for a divorce after he or she has met the residency requirements.
Despite what most people believe, a legal separation usually is appropriate in only narrow circumstances:
- Divorce is against the spouses religion and neither party intends to remarry
- The parties must remain married for an additional period of time for one spouse to be eligible to claim an interest in the other’s Social Security benefits
- One spouse has a significant medical condition that prevents him or her from obtaining private health insurance
- Neither spouse has lived in California long enough to file a divorce action
Let the Law Office of McBeath & Smith help draft your separation agreement. Contact the divorce attorneys of McBeath & Smith to learn if legal separation is the right option for you. Please call us at 707-623-1876, or fill out our contact form with any questions you may have.