Legal Separation in San Luis Obispo
Compassionate Santa Maria Family Lawyer
A legal separation is an alternative to
divorce, allowing a couple to go their separate ways while still maintaining a
legal married status. Sometimes individuals choose to legally separate
for personal, religious or financial reasons instead of filing for divorce.
In legal separation, a couple will remain legally married but will still
need to address the same issues hashed out in a traditional divorce, as
required by a court order.
Issues that must be determined in legal separation include:
If you wish to legally separate, seek the reliable guidance of our legal
team at the Law Offices of R. Morgan Holland, L.C. Our Santa Maria divorce
lawyer can provide you with the careful and meticulous legal services
you need to ensure your rights and interests are protected. We will handle
all the legal paperwork required while also keeping you informed regarding
the progress of your separation proceedings. As our client, you can leave
the worrying to us so you can focus on the next chapter of your life.
San Luis Obispo Divorce Attorney with 28+ Years' Experience
our founding lawyer has provided high-quality legal representation to thousands
of clients. We are aware that the decision to legally separate can be just as difficult
and emotionally draining as choosing to divorce. This is why we strive
to make the process as easy and less overwhelming as possible by offering
our clients the compassion and confidentiality they seek during this stressful time.
We also recognize that every family is unique and that there are no one-size-fits-all
solutions. This is why we offer
personalized and tailored counsel for you and your family. Getting the most out of your legal separation
case means receiving the highest level of personal attention and focus
possible – and this is exactly what we can deliver.
What is in a date of separation?
The date of separation is a seeming innocuous question in the divorce petitioner
for you to fill in the blank. Many folks fill it in without much deliberation.
Some merely adopt their spouse' stated date of separation. However,
when committing to a date of separation or divorce filing careful thought
and consideration should be made.
In a dissolution the date of separation controls many issues that must
be decided by the Court. The date of separation is the date upon which
the courts separate the community property, debts, income, and usually
expenses. If you simply agree to a date of separation that is a month
earlier than it should be, you may be giving up ½ of your earnings
for that month. Contributions to your retirement made in that month by
you and your employer would suddenly belong ½ to your spouse.
Likewise, if your spouse became irresponsible during that month and began
creating a lot of debt, the later date of separation may cause you to
be responsible for ½ of that. Likewise, an earlier date of separation
can be problematic. If you simply agree to a date of separation you may
be losing the benefit of your spouse's responsibility for expenditures
that you made for his or her benefit as well during that time. I am thinking
of expenditures for items such as groceries, rent, vacation, utilities, etc.
The date of separation can affect whether the law deems your marriage a
short term marriage that has a defined term for alimony, or a long term
marriage where alimony may be paid/received for the remainder of your life.
When is your date of separation?
The legal definition of the date of separation in California is when: "…the
parties have come to a parting of the ways with no present intent to resume
their marriage and their conduct evidences a complete and final break
in the marital relationship. " See
Marriage of Hardin (1995) 38 Cal App. 4
th 448. There is a subjective, mental aspect as well as an objective component
that must be met. I can recall one case a couple of years ago where the
other spouse stated a date of separation in their petition. My client
disagreed. On cross examination the other spouse admitted that they had
not decided in their own mind that the marriage was over until just before
trial. That was about a year after the petition was filed. That was a
year of heavy litigation with hearings almost monthly. Needless to say,
their attorney was not happy with the surprise effect this had on the
issues in the case.
In short, there are a lot of good reasons to think about that question
and perhaps get counsel on what it will mean to you.
For trusted legal guidance, consult the Law Offices of R. Morgan Holland, L.C.
If you would like to discuss your separation case with us, please do not
hesitate to request a
free case analysis with our legal team. During this 30-minute, in-person meeting, you will
be able to obtain an estimate regarding the time and cost for your case.
Call our Santa Maria legal separation lawyer
today to get started.