Hanford Legal Separation Lawyer

Seeking legal separation in California might be an attractive option for married folks who wish to embark on separate lives both physically and financially while still being able to retain certain benefits of marriage status, such as health insurance or for religious reasons. If you are wondering whether separation is right for you, a Hanford legal separation lawyer from Chase Family Law can help you weigh your options.

Legal Separation

A legal separation is just like a divorce, with the same division of assets, custody and visitation orders, and determination of monthly support. However, the husband and wife remain married. There usually is no reason to obtain a legal separation. The same result can often be obtained by filing for divorce and obtaining the division of assets, allocation of parental rights, support orders, while reserving on the termination of marriage. That is, the marriage can be terminated at either a predetermined later date — sometimes years later — or at an undetermined later date in which case the court will terminate the parties’ marriage at such time that the parties agree or one party files a request to do so. The most common reasons parties defer the termination of their marriage include a desire to continue providing health insurance to both parties through one party’s insurance and to enable the parties to continue to avail themselves of the advantages of filing their tax returns jointly.

Because the benefits of a legal separation can be obtained by filing a divorce and delaying — sometimes indefinitely — the termination of the marriage, the most frequent basis asserted for filing a for a legal separation in lieu of a divorce is a religious-based opposition to filing for divorce. Additionally, sometimes parties are not fully comfortable emotionally with the idea of filing for divorce as they still harbor hopes of saving their marriage and view legal separation as a smaller first step. In these instances, the parties may choose to later convert their case from a legal separation to a divorce action. This conversion is obtained simply by filing an amended Petition. However, this conversion must take place prior to obtaining a final judgment for Legal Separation. Once the final judgment is filed, a decision to pursue a divorce will require the filing of an entirely new case and will necessarily result in additional filing fees, attorney fees and other costs.

What Are the Grounds for Legal Separation, and What Are Its Benefits?

In California, the legal grounds for a separation are the same as that of a divorce. Legal separation may be based on a few grounds, including the following:

• Insanity of one spouse that is incurable and existed at the time the marriage was established.
• Differences between the couple that are irreconcilable and have caused an irreparable breakdown to occur in the marriage.

In addition to these, California has also adopted a no-fault system for legal separations. This means that you do not need to establish any fault to obtain a legal separation. However, if you do decide to note incurable insanity as your reason for the legal separation, you will be required to submit certain forms of proof, such as psychiatric or medical reports or testimony.

No matter the reasoning for seeking legal separation in California, the family law attorney at Chase Family Law can assist you in the matter and walk you through every step of the process. With over 30 years of experience handling thousands of cases just like yours, Chase Family Law is here to serve you, whatever your unique needs may be.

Differences Between Divorce and Legal Separation

In California, there are clear differences between divorce and legal separation, including the following:

• When a couple seeks legal separation, it will not change their married status. They will remain legally wed to their spouse unless an official divorce process is initiated.

• In a legal separation, because the individuals involved remain married under the law, they are still entitled to share social security and health insurance benefits, unlike in a divorce case, where both individuals may not be entitled to these benefits once the divorce is finalized.

• In a legal separation, you cannot remarry unless you seek an official divorce.

• Legal separations can have an immediate effect, whereas, with a divorce, there are certain time requirements involved that may make receiving a divorce a much longer process than receiving a legal separation.

• Unlike in a divorce, where one party can file and seek the divorce without the agreement or consent of the other party, legal separation must be agreed upon by both parties.

Our Commitment to Family Law

With years of experience in family law, Chase Family Law is committed to offering personalized legal services tailored to the unique needs of each client. Our practice focuses on a wide range of family law matters, ensuring that every family receives the attention and expertise they deserve. We pride ourselves on our compassionate approach and our dedication to achieving favorable results for our clients.

Contact Chase Family Law Today

If you are on the fence regarding whether legal separation is right for you over a divorce, you need the legal support and guidance of an experienced family law attorney. At Chase Family Law, our attorney can walk you through every step of the process and ensure you are equipped with all the legal tools and knowledge necessary to navigate legal separation. Contact our office today to schedule your initial consultation.