Legal Separation Attorney in Riverside
Finding Solutions for Marriage Conflicts
Terminating a marriage is a serious legal action, one that should not be
taken lightly. If you and your spouse are having marriage troubles, a
legal separation may be a good option for you.
Separating from your spouse will give you a chance to put some distance
between each other and work on the problems that are affecting your marriage.
Many of our clients have found legal separation to be of great benefit.
Whether you ultimately decide to stay together or move forward and file
for divorce, a legal separation can help you achieve the clarity you need
to determine the future of your marriage.
Marital Benefits During Separation
During a legal separation, a couple may be able to retain certain benefits
that they were allotted during their marriage. This could include continued
insurance coverage under the other spouse's insurance policy, retaining
a marriage status to qualify for social security benefits, tax deductions
for spousal support under a legal separation, access to joint checking
and credit accounts, etc. Since a legal separation does not legally end
a marriage, a couple may be able to retain these benefits while living apart.
Legal Separation vs. Divorce
A legal separation is similar to
divorce, with some key differences. Although you and your spouse will be living
apart, a separation is not legally binding. If you decide at a later date
to continue the marriage, you can simply reunite without having to reapply
for a marriage license. Like a divorce, there are several issues that
must be settled during a legal separation.
If children are involved, you and your spouse will need to reach agreements
in regards to
child support. You may also need to address issues such as
spousal support and
property division, depending on the circumstances of your separation.
What Is an Application for Separate Trial?
In some cases of legal separation, one party may petition for an earlier
trial. This usually happens when there is one particular issue that should
be handled separately from the rest of the issues in separation. For example,
your separation could include child custody, child support and asset division,
but you may want the child custody issue to be settled more quickly. In
this case, you could petition for the child custody to have its own separate trial.
A court may choose to grand this separate trial because it is a major issue
of contention, or the only issue holding the couple back from their separation
being completed. If you were not the one who filed for this separate trial,
then you will have to fill out a response form called the "Responsive
Declaration to Request for Order" or a "Response to Request
for Separate Trial." This is not easy to obtain.
For your best chance of success, discuss your case with a Riverside divorce
attorney. Attorney Danica Hanich is a
Certified Family Law Specialist with the California Board of Legal Specialization. As a certified expert in
family law, she can provide the counsel that you need.