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San Jose Family & Divorce Lawyers / San Jose Legal Separation Lawyer

San Jose Legal Separation Lawyer

Going through a rough patch with a spouse can be a difficult and emotional journey. As couples grow in different directions, they may find themselves feeling detached, misunderstood, or unappreciated. Sometimes, couples may try counseling or working things out, but in some cases, separation becomes the best option for both parties involved.

Couples going through a tumultuous period may feel a mix of emotions such as sadness, anger, and, ultimately – relief – when a separation allows them to look ahead. The process of separation can be overwhelming and stressful, but it also provides an opportunity for a fresh start. Looking forward to a new chapter in life can be exciting, whether it means newfound independence or the possibility of a new relationship.

If you are considering a legal separation, it is important to seek guidance from a family law attorney. A legal separation can be challenging to file for correctly, so it’s always in your best interests to receive the right legal support. The experienced San Jose legal separation lawyers at Argyris Mah, LLP in San Jose, CA, can help you navigate family law matters with ease, so you can move forward with your life. Call us today at 408-214-6366 for more information.

Why Choose Legal Separation?

If you’re tired of the same old married life and are ready to move on, you have two main options: legal separation and divorce. Most people want to end their marriage for good and opt for divorce. However, if you just need some time to figure things out, you can choose a legal separation.

In a legal separation, property and finances are separated, but you and your spouse remain married. If there are children involved, child custody and support will also be considerations.

You can ask a judge to decide on the following:

  • Property division
  • Paying debts
  • Alimony or domestic partner support
  • Child custody and visitation
  • Child support

Is legal separation right for you? Get the lowdown on how it works with help from a San Jose legal separation lawyer from Argyris Mah, LLP.

There are several main reasons why a couple would choose a legal separation over a divorce:

  • Possible reconciliation. Sometimes couples choose legal separation in hopes of getting back together. They may just need some time apart to figure things out and decide on their next move.
  • Religious reasons. Some religions forbid divorce except in extreme circumstances.
  • Personal beliefs. Some people don’t believe in divorce.
  • Financial reasons. A couple may stay married to keep a spouse or domestic partner on an insurance or benefit plan.
  • They don’t qualify for a divorce. Sometimes a spouse files a legal separation because they don’t meet the residency requirements. Before filing for divorce, one of the spouses must have lived in California for the past six months and at least three months in a county where the case is to be filed.

What is Considered a Legal Separation in California?

In California, a legal separation is a court order that outlines the rights and responsibilities of each spouse while they are living apart. The court order includes issues such as child support, spousal support, property division, and other matters pertaining to the marriage. It does not, however, actually end the marriage as a divorce does.

To obtain a legal separation in California, you must file a Petition for Legal Separation with your county’s superior court. This document will provide details on which areas you need help sorting out. You also have to pay filing fees before submitting the petition. Meeting deadlines and filing all the necessary documents is important for a successful legal separation. Hiring a San Jose legal separation lawyer can make matters easier.

Why Would I Consider a Legal Separation Over a Divorce?

Divorce can be a lengthy and expensive process, which is why choosing legal separation instead of divorce is more common than you would think. Legal separation grants couples the ability to live apart while still maintaining certain legal rights and responsibilities. This allows couples to have a trial period of separation to figure out if divorce is the right decision for them. Although many couples use legal separation as a “waiting room” for divorce, others choose to remain legally separated indefinitely.

In California, legal separation is governed by the same laws and procedures as a divorce. A court order of legal separation will address spousal support, custody arrangements, visitation schedules, and division of property. Argyris Mah, LLP will focus on the details of your case, provide compassionate representation, and answer any questions along the way.

Legal Separation vs. Divorce

Legal separation is a formal court process in which a married couple remains legally married but lives apart and divides their assets and responsibilities. This is what makes it similar to a divorce.

However, unlike divorce, legal separation does not end the marriage. This means that the parties cannot remarry while legally separated. Many couples choose legal separation as a trial period to see if they want to reconcile or if they ultimately decide to proceed with a divorce.

Divorce is the legal termination of a marriage. After a divorce, the ex-spouses are no longer legally bound to each other, and their legal relationship is completely severed. The marriage legally ends, so both parties are free to remarry if they choose.

In a divorce, the court divides marital property and debts, determines child custody and visitation rights, and may order alimony payments.

Why Should I Hire a Legal Separation Attorney?

No matter the reasons for wanting to legally separate, it is important to have a lawyer on your side. Even if you are able to do most of the paperwork yourself, there are certain steps that must be taken in order to ensure a successful legal separation. Hiring an experienced legal separation lawyer in San Jose can help protect your rights and make sure that all necessary documents are filed correctly with the court.

At Argyris Mah, LLP, our team will be able to provide valuable advice regarding any potential issues you may encounter during the process. This includes explaining complex laws related to property division and child custody, as well as providing assistance with negotiating the terms of the separation agreement. An attorney from our law firm can also help you understand how a legal separation will impact taxes, health insurance coverage, and other components of your everyday life.

What Issues Can Arise During the Legal Separation Process?

Legal separations can be just as emotionally complicated and difficult as divorces. Before beginning the process, it is important that couples understand the potential issues they may encounter. Disputes about the division of property or visitation rights are common in legal separations, so it is important to have a plan in place.

At Argyris Mah, LLP, our family law attorneys will fight for you and your rights at every turn. It’s important to us that you breathe easy through this process and focus on preparing for the future. Contact us today at 408-214-6366 for a free consultation.

Contact Our San Jose Legal Separation Lawyers for Help

When a marriage isn’t working anymore, most couples choose to divorce, but a legal separation is also an option. A San Jose legal separation lawyer from Argyris Mah, LLP can help you make the right choices when it comes to your marriage. We’ll help you understand your options for ending it and guide you through the process. Fill out the online form or call (408) 214-6366 to schedule a free consultation.