Orange County Legal Separation Lawyer

Recognized Orange County Legal Separation Attorney

If your marriage is having issues but you’re not quite ready to commit to a divorce, you do have another option that may be exactly what you’re looking for. Legal separation can be a way to test the waters of a divorce while still maintaining certain benefits of marriage. Prioritizing your own needs while your marriage is on the rocks is important. At the very least, you should consider your options. An Orange County legal separation lawyer can help you.

The legal team at Cianci Law, PC understands how difficult a legal separation case can be—especially if you don’t have legal help. We’re a local family law firm that can help you better understand the state’s legal separation laws and how they may apply to your situation. An Orange County legal separation attorney can be a valuable asset. Melissa Cianci is a Certified Family Law Specialist certified by the State Bar of California Board of Legal Specialization. She can help.

How Does Legal Separation Differ From Divorce?

If you choose to move forward with legal separation in Orange County, your case is filed at the Lamoreaux Justice Center in Orange. In many cases, legal separation does end up leading to a divorce. Though a legal separation and divorce involve many of the same issues, including property division, support, child custody, and child support, but a legal separation does not terminate the marriage. California has a marriage rate of 5.5 per 1,000 people, with a divorce rate of 7.1% for men and 10.1% for women.

It’s understandable to see a divorce as far more permanent and consequential than a legal separation, which is why this can be a good place to start. For some couples, legal separation may ultimately lead to a divorce, while others may choose to remain legally separated or later reconcile. Unlike a divorce judgment, a legal separation judgment leaves the parties legally married

Creative Family Solutions has considerable experience helping individuals through situations just like yours. If you pursue a legal separation, you maintain many of the benefits of marriage, but you get to have the freedom that comes with divorce. The grounds for legal separation in California are limited solely to irreconcilable differences or permanent legal incapacity to make decisions. Here are some of the most significant ways that legal separation differs from divorce:

• Marital status. The most important difference between legal separation and divorce is that in a legal separation, you are still married. Many people choose legal separation in lieu of divorce due to religious reasons or because they have financial, personal, or other reasons for remaining legally married, including health insurance benefits that come with marriage. However, you are not free to marry another person until you have finalized a divorce.
• Residency requirement. There is no residency requirement for a legal separation. For a divorce, you have to live in the state and in your filing county for a certain amount of time before you can even start the divorce process. This is not the case with legal separation. A legal separation may therefore be an option for spouses who do not yet satisfy the residency requirements for a divorce.
• Waiting period. A divorce in California comes with a mandatory six-month waiting period. A legal separation has no such waiting period. However, a legal separation is not “immediate upon filing.” The parties must still complete the required court process before a judgment of legal separation can be entered. If the legal separation leads to a divorce, additional procedural steps are necessary to obtain a dissolution judgment. If you and your spouse decide to reconcile, the steps necessary to end the proceeding will depend on whether a judgment has already been entered.
• Mutual consent. A divorce in California does not need both spouses’ consent to move forward. If you want a divorce but your spouse doesn’t, you can still get one. Legal separation is different. Both spouses need to agree to a legal separation. If one spouse objects, it’ll most likely lead to a divorce instead. You and your spouse still have financial disclosure obligations, regardless of whether you’re getting divorced or legally separated.

FAQs

How Much Does It Cost to Get a Legal Separation in California?

The initial court filing fee for a legal separation in California is generally between $435 and $450, depending on the filing county. This is generally the total cost of your court filing fees. Your expenses may be higher if you hire a legal separation lawyer to walk you through the process. If you cannot afford the filing fee, you may be eligible to request a fee waiver that can reduce your costs dramatically.

What Shouldn’t I Do During Legal Separation?

There are many things you shouldn’t do during legal separation, as you are still married, and certain actions can negatively impact your finances and affect future custody rights in the event of divorce. Don’t try to hide assets, don’t make any large purchases with marital funds, don’t badmouth your spouse on social media, and don’t try to marry another person. All of these actions can affect a divorce settlement.

What Is Legal Separation in Orange County, California?

Legal separation in Orange County, CA is a legal process recognized by the court that allows married couples to live apart, divide their assets, and establish rules for custody while remaining legally married. It’s often used as a prelude to divorce, as couples get to experience what it’s like to be separated from their spouse in every other way. You are still married and cannot marry somebody else. The process can only be done with mutual consent.

What Are the Disadvantages of Legal Separation in California?

While legal separation has its advantages, its main disadvantage is generally that the marriage remains intact. This prevents either spouse from getting remarried. If they wish to marry someone else, they need to file for divorce and go through a separate legal process for that. Legal separation can also leave spouses with continuing legal or financial connections that would end or change following a divorce. Whether legal separation is beneficial depends on the particular circumstances and goals of the spouses.

Be Sure to Hire a Legal Separation Lawyer Today

If you and your spouse are unsure about divorce, pursuing legal separation can be a way to test out how your life looks separated from your spouse. From that point, whether you choose to reconcile with your spouse or move ahead with a divorce, it’s good to have reliable legal help you can lean on. At Cianci Law, PC, we can walk you through your options, help you understand the state’s separation laws, and more. Contact us to speak with a team member who can help.

Orange County Legal Separation Lawyer Reviews