Chino Hills Legal Separation Lawyer

Sometimes, a married couple decides that separating would be beneficial to their situation. When this happens, they must go through the legal process of filing for separation in California and attend to any shared family law issues before it can be finalized. While legal separations are not always permanent, it’s important that you still advocate for what’s right for you. Hire a Chino Hills legal separation lawyer to ensure that your needs are met during a legal separation.

Representation and Guidance for Chino Hills Separation Cases

At All American Law, we understand that every relationship is different. That’s why, in some cases, separating may be a better option for everyone. While separating is never easy, our attorneys can offer you compassionate advice and representation throughout the entire process. With decades of collective experience, our family law attorneys share comprehensive knowledge of family law and know what strategies to use to fight for your legal interests.

What Is the Difference Between a Legal Separation and a Divorce?

Maybe people tend to confuse legal separations and divorces. However, these two options are incredibly different. Unlike a divorce, a legal separation does not end a marriage. Instead, it grants both spouses the legal right to live their lives separately while still being considered married in the eyes of the law. While many separations end in divorce, separating allows both spouses to clear their heads, transition to living on their own, and possibly mend family issues.

If a couple separates in California, they must address multiple issues that are also addressed in a divorce. Child support, child custody, property division, and spousal support will all have to be discussed before a separation order can be finalized. If a couple does not have children together, they will likely only have to address spousal support and small matters before they can separate.

How Do You File for a Legal Separation in Chino Hills?

Filing for a legal separation is similar to filing for a divorce in California. If you are looking to file for separation, you’ll generally follow these basic steps:

1. Ensure You Meet the Requirements: Before you can file a petition, you’ll need to ensure that you meet the eligibility requirements for legal separations in California. Luckily, the requirements are not as strict as in divorces and only require one spouse to be living in the state of California.
2. Hire a Legal Separation Attorney: Before moving forward, it’s smart to hire a legal separation or divorce attorney who can help the process go smoothly for you. They can help you fill out and file the right forms while also representing you in court if needed.
3. File the Petition for Separation: After discussing your situation with your lawyer, you can work together to fill out and file your official petition for separation.
4. Serve Your Spouse: Similar to a divorce, the spouse who files must serve the other spouse an official copy of their petition.
5. Address Terms and Negotiate: Once the receiving spouse has been served, both spouses can attempt to negotiate the terms of their separation outside of court. If they cannot do so, the decisions will be handed over to a Chino Hills family court.
6. Finalize Separation Order: After issues like child custody, property division, and spousal support have been addressed, you will be able to finalize your separation order. Once it is finalized, you and your spouse can live separately but still retain the title of being married.

FAQs

Q: How Long Does It Take to Become Legally Separated in California?

A: Unlike the California divorce process, there is no waiting period for legal separations. This is often why many couples file for separation if they do not yet qualify for divorce in the state. Generally, the official separation process can take anywhere from a few weeks to a few months to settle. The length of your case will depend on a variety of factors, such as whether you have children together and how contentious your case is.

Q: Is All of Your Marital Property Divided in a Legal Separation in California?

A: In Chino Hills, California, the extent to which your property is divided will depend on your unique situation. When a couple knows that their separation may end in divorce, they may just wait to divide their community property until their actual divorce occurs. However, a judge can divide all marital property and debts during a legal separation if they see fit. Just like a divorce, each spouse is entitled to 50% of all community property that they own together.

Q: Why Do You Need a Lawyer If You’re Getting Legally Separated?

A: While legal separations don’t end marriages, they still deal with the division of legal rights and assets. Because of this, it is crucial that anyone going through a separation has a family lawyer on their side to make sure they’re not taken advantage of. Working with a lawyer can help to ensure that you file your petition correctly, in addition to helping you advocate for the assets you deserve. They can also represent you if the case becomes contentious.

Q: How Much Does It Cost to File for a Legal Separation in California?

A: When you file your official petition for separation, you will have to pay a fee. This fee ranges from $435 to $450+ depending on which California county you are located in. However, it’s important to note that this is only the cost of filing for your separation. Court fees, attorney fees, and other expenses may lead you to have to spend more on a separation case.

Your Chino Hills Legal Separation and Family Law Firm

When you’re going through a separation in California, it’s important to have someone to support you through it. At All American Law, our legal separation lawyers are always prepared to find resolutions to your situation, no matter how complex it may be. By combining our experience, knowledge of the law, and passion for justice, our firm can help you get through a complicated separation.

Contact All American Law to schedule a free consultation with one of our outstanding Chino Hills separation lawyers today.