Fresno Legal Separation Attorney
Understanding Legal Separations and How They Differ from Divorce in Florida
If you and your spouse are involved in a difficult battle that is separating the two of you, deciding which route to take in your marriage can be difficult. Divorce is a common option that most couples take when they want to dissolve their marriage, but this is not for everyone.
Legal separation is another option that can be considered. There are both pros and cons to a legal separation that are specific to your circumstance and should be understood before pursuing this action. Speak with a Fresno legal separation lawyer from my firm before taking the next step.
Ready to discuss your options? Contact us online or call us today at (559) 900-1223 to schedule your free consultation with a Fresno legal separation lawyer.
What is Legal Separation?
This process involves a formal judgment that is issued by the court of law to separate the married individuals' lives. It does not, however, terminate the marriage. It is a judgment that allows the parties to retain the status of a married couple while living separate financial and physical lives.
Their respective rights are set apart and neither one has an obligation to the other. They are not, however free to marry another because their marriage is not ended.
Similar issues are dealt with in a legal separation that are dealt with in an actual divorce situation. This includes child support, spousal support, child custody, and visitation rights. They must even negotiate the distribution of property including assets and debt.
Why Choose Legal Separation?
There are several reasons couples may opt for legal separation rather than divorce:
- Time for Reflection: Legal separation can provide couples with the necessary time to reflect on their marriage and determine if reconciliation is possible. It serves as a pause, allowing both parties to evaluate their feelings and options.
- Religious Considerations: For couples who have religious objections to divorce, legal separation can be a viable alternative that allows them to live separately without formally dissolving their marriage.
- Financial Benefits: Legal separation can help couples retain certain financial benefits, such as health insurance or tax advantages, that may be lost in a divorce.
- Child Custody and Support: Legal separation allows couples to address child custody and support arrangements without the finality of divorce, which can be particularly important for families with children.
The Legal Process of Separation in Florida
The process of legal separation in Florida involves several key steps:
Consultation with a Legal Professional
Consulting with a knowledgeable Fresno legal separation attorney is crucial for understanding the legal implications and ensuring that your rights are protected throughout the process. An attorney can help you navigate the legal framework and prepare the necessary documentation.
Drafting a Separation Agreement
A separation agreement is a critical document that outlines the terms of the separation. This may include:
- Division of Property: How marital assets and debts will be divided between spouses.
- Child Custody Arrangements: Determining living arrangements for children and visitation rights for both parents.
- Child Support: Establishing financial support obligations for the care of the children.
- Spousal Support: Addressing any financial support one spouse may owe the other during the separation period.
This agreement should be carefully crafted to ensure that both parties are in agreement on all terms. Having a legal professional assist in drafting this document can prevent misunderstandings and disputes in the future.
Filing the Agreement with the Court
While Florida does not have a specific legal separation statute, the separation agreement can be filed with the court as part of a divorce action if you later decide to pursue divorce. Filing the agreement can provide additional legal protection and make the terms enforceable in a court of law.
Living Separately
Once the agreement is in place, both spouses can begin living separately according to the terms laid out in the separation agreement. This is a crucial time for both parties to adjust to their new circumstances while adhering to the agreement.
Reviewing the Agreement
It’s advisable for both parties to review the separation agreement periodically, especially if there are significant life changes, such as changes in income or family dynamics. Adjustments may be needed to reflect the current situation.
Take the first step towards clarity in your situation. Reach out online or call now at (559) 900-1223 to book your free consultation with our legal separation attorney in Fresno.
What is the Difference Between Legal Separation vs. Divorce?
While legal separation allows couples to address their issues without officially dissolving their marriage, it is essential to understand how it differs from divorce:
- Legal Status: In a legal separation, couples remain legally married. In contrast, divorce ends the marriage and restores both parties to single status.
- Property Division: In divorce, marital property is divided according to state laws, which can be final. In legal separation, couples can agree to temporary arrangements, but they may need to address property division again if they later decide to divorce.
- Remarriage: Individuals who are legally separated cannot remarry until they obtain a divorce. However, they can continue to live apart and maintain separate lives.
What are the Benefits of Legal Separation?
Choosing legal separation can offer several advantages:
- Flexibility: Couples can modify the separation agreement as circumstances change, allowing for more adaptability than a divorce decree.
- Testing Grounds: Legal separation can serve as a trial period, helping couples assess whether they wish to reconcile or proceed with divorce.
- Clear Guidelines: A separation agreement provides clear guidelines on financial responsibilities and child custody, reducing potential conflicts during the separation period.
Pursuing Legal Separation? Consult with Our Fresno Law Firm
If legal separation seems like a valid option for you and your spouse, a Fresno legal separation attorney from the Law Office of Zeppy Attashian, PC can be by your side through the process. It should also be understood that a legal separation is not a mandatory prerequisite to divorce. You can speak with a lawyer to help you establish the rights and responsibilities of both parties.
Many couples choose a legal separation for the benefit of their children, for religious purposes, or because they hope for reconciliation. Whatever your reason for pursuing a legal separation, my firm can guide you through.
Contact online the Law Office of Zeppy Attashian, PC. today or call us at (559) 900-1223 for legal guidance.
