Considering A Legal Separation? Contact Our Riverside Family Law Attorneys
At Cullen Family Law Group, we understand that deciding between a legal separation and a divorce can be a challenging decision for couples. Our experienced attorneys in family law are here to guide you through the differences and help you choose the path that best suits your needs.
Our founding attorney, Heather Cullen, has been named a Top Family Law Lawyer by Inland Empire Magazine. She and attorney Alexandria Jaquay are both certified by The State Bar of California Board of Legal Specialization in family law. Working from offices in Riverside and Temecula, our legal team provides fast, fair and thorough representation for a variety of family law issues. We also offer unbundled legal services if you only require help in one aspect of the separation or divorce process.
Why Choose A Legal Separation Over Divorce?
Legal separation allows couples to live apart without formally ending their marriage. This can be beneficial for those who have religious or moral objections to divorce, need to maintain marital benefits like health insurance or are not yet ready to make a permanent decision.
Unlike divorce, legal separation does not terminate a marriage. A legal separation agreement alters the legal duties and responsibilities between the parties while leaving the legal connections of marriage intact.
Eligibility For A Legal Separation In California
In California, either spouse can file for legal separation, provided one of the spouses is a resident of the state. Unlike divorce, there is no mandatory waiting period for the legal separation to take effect, making it a faster option for some couples. However, if child custody or child support will be part of your legal separation agreement, your children must reside in California for a minimum of six months and in the county where the agreement will be filed for at least three months for the courts to have jurisdiction over those matters. At Cullen Family Law Group, our attorneys can help you determine whether you meet the eligibility requirements for a separation agreement.
Key Sections Of A Legal Separation Agreement
A legal separation agreement outlines the rights and responsibilities of each spouse. Much like a divorce agreement, it covers areas that include:
- Asset/property division
- Child custody arrangements
- Financial support for children
- Responsibility for repayment of debts
- Spousal support payments
It’s crucial that the agreement be comprehensive and clear to avoid future conflicts. Our attorneys can review your situation and ensure the agreement covers all necessary details, and that your interests are addressed fairly and thoroughly.
Converting A Legal Separation Into Divorce
If you decide later that divorce is the right choice, the process of converting a legal separation into a divorce is straightforward in California. Most terms agreed upon in the legal separation will typically carry over to the divorce decree, but the process is not automatic, and court filings are necessary to complete the dissolution of the marriage. Our attorneys can assist with any necessary adjustments and will be happy to talk to you about how the process works.
Contact Us For A Consultation On Your Legal Separation
If you are considering a legal separation, contact us at Cullen Family Law Group by calling 951-715-4632 or filling out the online contact form. We understand the emotional complexities of family law issues and are committed to providing sensitive and effective support. We offer two convenient office locations for clients in Southern California: Temecula and Riverside.