Legal Separation

Legal Separation Attorney in Ventura

If you and your spouse would like to part ways but are not prepared for divorce, legal separation is an alternative that can be pursued. You can spend necessary time away from your partner and separate all legal aspects of your lives. Legal separation is nearly identical to divorce except the couple is still legally married. Divorce involves financial strains from tax consequences and having to divide one household's income into two for a permanent duration of time. Another difference is that legal separation in California does not have a residency requirement to petition. Legal separation still requires court orders of child custody, spousal support, and property division.

Benefits of Legal Separation

Legal separation has many benefits, including that couples can use this option to gain a clear perspective of their situation and determine whether divorce is in their best interest. Selecting the option of legal separation allows you and your spouse time to consider whether reconciliation is a possibility. Some couples use this option as a gateway to divorce to make the process less complex. Individuals with a religious background may choose legal separation rather than divorce to ensure they do not violate religious principles. If you would like to further explore the option of legal separation with a knowledgeable Ventura family law attorney, schedule a case evaluation with our firm!

Are you pursuing a legal separation?

At Cutter & Lax, Attorneys at Law, our lawyers understand the difficult circumstance you are facing after you suffer a family law issue that has led to the decision to pursue separate lives. Many circumstances must be evaluated to obtain a satisfactory resolution to the case. We can help you assess whether legal separation rather than dissolution of marriage is the best option. In addition, we can help ensure that you and your spouse meet all necessary requirements. After filing a legal separation petition, you and your spouse must settle all financial and family issues involved in divorce. The issues you must consider are property division, child custody, child support, alimony, and visitation. According to California Family Code § 2345, both spouses must agree to the separation before the petition can be filed. Whether you are filing a legal separation petition to eventually get a divorce or as a means of resolving a contested issue, we encourage you to schedule a case evaluation with our firm.

Legal Separation Laws in California

In California, it takes around six months to dissolve a marriage. Legal separation can immediately change many legal aspects of your current state of marriage. Attorney Nelson Cutter from our firm has more than 30 years of experience that can be put to use for your family's benefit. No matter what your intention is with legal separation, we can use our firm's talents, knowledge, and experience to help you make the right choice. After receiving a judgment of separation, we can help you amend the request to obtain a divorce. Divorce can be one sided and based on the grounds of irreconcilable differences or incurable insanity. Furthermore, we can help enforce court orders if your spouse violates a term of the agreement.

Divorce is an irreversible procedure that can terminate the marriage completely. As you assess which option will be the best option for your family, we can provide you with the information you need. Legal separation, rather than divorce, can benefit various aspects of your family's life so that a more positive outcome is obtained. Individuals who legally separate must remember that they are still legally married. If remarriage is a future option, divorce may be a more logical choice. If you are considering divorce but have hope of reconciliation, take legal action to choose the outcome that fits your family's lifestyle most efficiently.

Hear It From Our Clients

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    The lawyers at Cutter & Lax, specifically Matthew Lax, are very intelligent, decisive and thorough when it comes to caring for their clients.

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    “The life experience that I am going thru right now is extremely tough! Being an active duty military member and going thru a divorce is something I don't wish on anyone, but having these guys on your ...”

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    Matthew Lax made the experience of going thru a very difficult divorce very smooth.

    “Matthew Lax made the experience of going thru a very difficult divorce very smooth and he was so knowledgeable and helpful and always available for any problems. He got me a very generous settlement ...”

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** The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.