Preparing for Separation from Your Spouse?

San Diego Legal Separation Attorneys Explain Your Options

Marriage is a life-changing decision; so is divorce. In either case, you must make compromises about finances, children and your future. Even with the best planning, overcoming these challenges can be difficult. Furthermore, depending on your situation, a divorce could mean an unfair division of your assets and property. In some cases, even if you are considering ending your marriage, you may not be quite sure that divorce is your best option. In California, you may have other options, like legal separation. If you have been considering divorce or alternatives to divorce, then our San Diego legal separation attorneys can help.

Separation and divorce lawyers Steven Gnau and Daniel Tamez understand how frustrating it can be to prepare for the uncertainty of ending your marriage. We can draft and administer legal separation plans that monitor and maximize your finances in your new life. If you have children, then we can help you and your spouse come to a peaceful and favorable agreement. Our experienced family law attorneys can craft a legal strategy that guards your best interests and brings peace of mind. Before you confront your spouse or move out, speak with an experienced legal separation attorney to protect your rights.

What Is California’s Legal Separation Process?

If you are granted legal separation, then you will still be legally married to your spouse and be unable to remarry. However, your assets and finances will be legally divided between you. The court also works with both parties to establish child custody, support and visitation. Additionally, the court will consider spousal support and property division.

Since California is a “community property” state, all assets and debts acquired during a marriage are considered jointly owned. In the event of a divorce, assets and debts will be equally divided. Typically, anything you acquire after you separate from your spouse is not considered community property. The courts will use California’s separation laws to determine what property is communal and how it is distributed. If you decide to separate before filing for divorce, then make a record of the date, however without more definitive action, the court may not accept your date of separation.

Why do couples file for legal separation? Often the answer lies with finances. When one spouse is uncomfortable with the financial decisions of the other spouse, legal separation can provide some protection. Similarly, when one spouse goes where the other spouse will not follow, such as to prison, severing the financial ties between them can provide peace of mind.

Any paychecks, rental income or investment income you acquire after your separation usually belongs to you. It is important to realize that the same thing is true for your spouse. Since the date of separation establishes a spouse’s intent to end a marriage, understanding the law may mitigate your risk. Our divorce attorneys can use your date of separation to help figure out the distribution of martial property. The best way to find out how you can use the separation process to your advantage is to contact our law firm. By giving us your point of view, our divorce lawyers can figure out the distribution of marital property. We can answer any questions and inform you of rights that you may not even know about.

What Are the Advantages of Separation?

Many married couples have personal, religious or economic issues that remove divorce as an option. Legal separation does not end your marriage, but you may live apart from each other while remaining married. Our attorneys can draft and negotiate agreements that address the same issues you face in divorce. Spousal support, child support and division of assets and debts are defined in proceedings. Through legal separation, you can protect your best interests until you move forward with a divorce, or possibly reconcile. Although divorce and legal separation have many things in common, there are advantages to separating, including:

  1. Important decisions in life are easier to handle if you have time to resolve them. A legal separation gives you space to decide if you want to proceed with a divorce.
  2. It also allows you to maintain all your medical benefits.
  3. If you are in the military, you can use separation to meet the 10-year requirement for additional benefits.
  4. Furthermore, you can continue your marriage to meet the minimum 10-year requirement for social security benefits.

If you are having arguments with your spouse that never resolve, a legal separation may be the best answer.

Considering Separation? Call Our San Diego Legal Separation Attorneys

Steven Gnau and Daniel Tamez have the knowledge of separation and divorce laws that you need. We can keep you fully informed of your rights before you ever file. From the very beginning, we guide you through the process and to a peaceful agreement. We are committed to helping you protect your family’s best interests. We always consider your goals when advising you of legal options. Contact us today at 619-269-8000 to schedule a consultation and learn more.