Legal Separation Attorneys of Carlsbad

Separation Agreement Attorneys with Years of Experience

Fischer & Van Thiel, LLP provides over 57 Years of Combined Family Law Counsel Experience dedicated to Your Family’s Legal Concerns throughout the Legal Process.

Ending a marriage does not have to be the emotionally trying and legally contentious matter that many people fear when considering divorce.

A skilled attorney can help negotiate the terms of separation in a manner suitable to both parties so that the process is focused on the best interests of the family as a whole.

Separation is a means of moving apart from a spouse while maintaining some of the legal and financial responsibilities for joint property and the raising of children.

When you and your spouse no longer want to be together, but divorce is not the right option for ending your marriage or domestic partnership, a legal separation may be the best choice for you.

Many California residents choose to file for legal separation rather than divorce as it gives you the separation from your spouse that you want or need without having your marital status actually terminated by the courts.

However, achieving legal separation can sometimes be difficult, especially considering the large amount of paperwork that must be filed with the court.

In order to ensure that your legal separation goes as planned and that your interests are well-protected during this process, contact the experienced Carlsbad legal separation attorneys from Fischer & Van Thiel LLP, at (760) 722-7669 today.

We can provide you the legal support you need to reach the legal separation you want.

Basics of a Legal Separation

Many people choose to file for legal separation rather than divorce for a number of reasons. For some, religious beliefs or insurance status plays a large part in making this decision.

For others, the benefits of legal separation are more attractive than those of divorce. Unlike divorce, legal separation does not require a trial period, allowing couples to separate immediately.

Additionally, in order to file for a legal separation in California, neither spouse has to be a resident or must have lived in the state for a period of time prior to the separation.

While these facets of legal separations guide many people to choosing this avenue for separating from their spouses, it is important to remember two things about legal separation:

(1) the legal separation must be agreed upon by both parties, otherwise it becomes a divorce

(2) a legal separation does not allow either spouse to remarry in the future unless they obtain a divorce.

Types of Legal Separation Agreements

As an alternative to outright divorce, separation is actually a collection of four different options that each have their own legal ramifications:

Trial Separation – This is a test period in which the couple lives apart while all debts and assets they accumulate remain part of the marital estate. This type of separation is typically not legally recognized.

Living Apart – This status occurs when a couple is no longer sharing a marital home or living together as husband and wife. The state of California does not treat property differently in such situations unless a motion for divorce is filed.

Permanent Separation – Also known as living apart without the intent to reunite, this can be a complicated status. Debts and assets accumulated after the date of separation are considered separate property, but costs incurred maintaining the marital estate or raising children will remain part of the marital estate.

Legal Separation – This involves a court ruling on the division of marital property, child custody, child support, and all other aspects usually associated with a divorce without actually granting a divorce. Legal separation may occur when the couple does not wish to divorce for personal, religious, or financial reasons but no longer wants to live together.

Reaching the terms of a separation agreement is an essential part of successfully resolving a legal separation, and thus it requires the careful attention of a skilled Vista separation agreement attorney.

The Benefits of a Legal Separation

Any way you look at it, divorce rates are higher now than they have ever been in the past. And with higher divorce rates comes more stress over alimony payments, custody of children, division of property, and all the other myriad annoyances and irritations that go along with a divorce.

Fortunately, there is an alternative to a messy, unhappy divorce. While it can’t cure all marriages, sometimes a legal separation can be enormously beneficial to a couple considering divorce.

Separation allows you to experience what living apart again would be like, in order to help you better make the very difficult decisions that go along with filing for divorce.

With legal separation, however, a court and legal representatives of the spouses are involved the process; moreover, the marriage is officially and legally classified as a separation and not a divorce.

With regular separation, no courts or attorneys are involved, and the couple is not legally seen as “separated” but is still seen as married.

Whichever path a couple is thinking of taking, you should know that separation has several benefits. First of all, it allows both spouses to cool off, as they live separately.

They get the time to reflect on their marriage and get to see how life is without the other spouse. They may realize that they want to stay married.

Another benefit is that the couple will get to keep some, if not all, of the benefits that married couples have, like cheaper health insurance or tax benefits.

Also, separation can also have benefit for children; parents can tell them that they are still married but need to live separately for personal reasons.

Drafting a Separation Agreement

When you and your spouse decide to seek a legal separation, it is important to clearly outline the terms of the separation.

Whether you are pursuing a trial separation or an extended separation, an experienced attorney can help to ensure that your interests are protected throughout the legal separation process.

It is imperative for a family law attorney to negotiate and draft what is known as a separation agreement or marital settlement agreement to make the separation legally recognized.

The agreement must be drafted correctly to address all contingencies and avoid complications in the event that the parties subsequently decide to complete their divorce.

Family Law Legal Cases We Routinely Handle Involving:

Divorce Law: Including Annulments, Contested, and Uncontested Divorces
Military Divorce Attorney: Experienced with uniques situations of Military Relationships
Mediation: Mediation encourages divorcing spouses to cooperate and avoid trial costs
Child Custody: Including Visitation, Negotiations, Modifications & Enforcement Actions
Child Support: Including Monitary Negotiations, Modifications & Enforcement Actions
Legal Guardianship: Application Preparation, Fitness Assessment, Legal Representation
Adoption: Including Step-Parent, Agency, Private, and International Adoptions
Prenuptial Agreement: We can help you draft and enforce favorable agreements
Paternity: Actions for those seeking custody rights and support payments
Legal Separation Agreement: Traditional and Same-Sex Marriages
Spousal Support (Alimony): Agreements for Spousal Support or Maintenance
Domestic Violence: Including representation for Abuse and those Accused of Abuse
Civil Harassment: We can help you seek a Civil Restraining & Enforcement Orders
Juvenile Court: Including guardianship, juvenile delinquency, and dependency matters
Marital Property Division: Representation as you divide property during divorce
Estate Planning: Including wills and probate