Newport Beach Legal Separation Lawyer

Legal Separation Attorney in Newport Beach, CA

Sometimes, an immediate divorce isn’t the right solution for dissolving your marriage. A legal separation can give you and your spouse time to decide on the right course of action, help you make decisions that are in line with your religious beliefs, and maintain the protections of marriage while allowing you and your spouse to live separate lives. If you want to get legally separated, contact a Newport Beach legal separation lawyer.

Robert G.
Goldsmith

Attorney

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Trust Robert G. Goldsmith

Here at The Law Office of Robert G. Goldsmith, we believe in helping clients dissolve their marriages on their terms. Robert G. Goldsmith is a Newport Beach family law attorney with years of experience handling legal separation cases. He understands the nuances of legal separation laws and can help you determine whether this solution is the right way to move forward for your specific relationship.

Why Hire a Legal Separation Lawyer?

Just like divorces, legal separations can be contentious. When you hire a legal separation lawyer, you’re ensuring that your interests are protected throughout a difficult process and giving yourself access to someone who understands all the nuances of legal separation laws. A Newport Beach legal separation lawyer can help you stay on top of essential deadlines and avoid costly mistakes, so it’s well worth the money.

When to Choose Legal Separation

There are many reasons to choose legal separation. Some couples decide on this course of action because they have not been residents of California for the six months required to get a divorce. Others choose separation for religious reasons. Many couples who elect for a legal separation want a trial period of living separate lives before making the more permanent decision to divorce for good.

Around 87% of couples who separate end up filing for divorce in the end, which means 13% of them reconcile. For those who reconcile, the time apart can offer space for each spouse to work on their own issues and how they respond to their partners. Some couples also report appreciating their partners more after a period of legal separation.

Some couples seek legal separations on religious grounds. While it’s true that 66% of divorced couples identify as Christian, some religious sects have stricter rules regarding divorce than others. Less than 1% of Jehovah’s Witnesses get divorced, and only around 1% of Mormons and 1% of Orthodox Christians pursue this solution for dissolving unhappy marriages.

Finally, legal separation allows couples to maintain some marital protections without continuing to cohabitate. People who are legally separated retain spousal benefits through their jobs and the Social Security Administration. Legally separated couples can also continue to file joint tax returns.

The Legal Separation Process

Legal separation allows couples who want to live apart to determine each spouse’s rights and responsibilities, which resembles the process required to get divorced. The process is almost identical. To get a legal separation, couples must:

• File paperwork. One spouse must file Form FL-100 with the Orange County Superior Court and check the correct box to indicate that they are petitioning for legal separation. You must also pay the filing fee.
• Serve your spouse. You are required to officially serve the petition to your spouse after filing. You can do this with the help of a local sheriff or a process server.
• File financial disclosures. You must file financial disclosures regarding your debts and assets with the court, just as you would upon getting a divorce.
• Determine the separation of property. You and your spouse must determine how your assets and debts will be separated. You can do this through mediation in an uncontested separation or through the courts in a contested separation.
• Make child custody arrangements. You and your spouse will also have to agree on child custody arrangements. As with the division of property, this can be accomplished amicably through mediation or through the courts if you and your spouse cannot agree on a custody arrangement.
• Finalize the agreement. Once you and your spouse have decided how to handle child custody, the division of property, and other important aspects of the separation, your separation can be finalized by a judge.

FAQs

How Much Does a Legal Separation Cost in California?

The cost of a legal separation in California varies based on the complexity of the case. Simple, uncontested cases can cost significantly less than more complicated contested separations. One good way to find out what it will cost to legally separate from your partner in California is to contact a family lawyer.

Should I Get a Lawyer for Legal Separation?

Yes, you should get a lawyer for legal separation. Like divorce, legal separation is a nuanced area of the law, and you should have someone on your team who understands it clearly. A lawyer can help you understand complicated issues, file paperwork, stay ahead of deadlines, and avoid potentially costly mistakes. Hiring a lawyer is a good way to make sure your interests are also protected financially.

What Is the First Step in the Separation Process?

The first step in the separation process is to consult a Newport Beach legal separation attorney. A family lawyer can help you with everything from filing paperwork to determining whether legal separation is a more sensible path to take than a full divorce. They can then represent you in negotiations with your spouse or in the courtroom, should the case go to trial.

How Long Does It Take to Get Legally Separated in CA?

The length of time it takes to get legally separated in CA varies based on whether you and your spouse agree on key aspects of the separation, like child custody and the division of property. There is no mandatory waiting period like with marriages, but it can still take months or longer to finalize the arrangement.

Your Newport Beach Legal Separation Lawyer

If you’re looking for a skilled Newport Beach legal separation lawyer, trust The Law Office of Robert G. Goldsmith. Our team has been practicing family law for over 29 years, and in that time, we’ve helped countless clients obtain legal separations. We can help you, too. Contact us today to schedule an initial consultation.