If you need time away from your spouse but are not yet prepared to begin the divorce process, legal separation is an option. Like divorce, a legal separation may require alimony, child custody arrangements, the division of assets, or child support. It is always best to hire a trusted legal separation attorney in Temecula who can walk you through this process.
The highly trained team at Camarata & Fuller, LLP has more than 40 years of combined experience handling family law cases include legal separations. We know that you may think of questions or concerns after business hours, which is why are available to you 24 hours a day, seven days a week. Our team is eager to help you overcome this emotionally challenging time and find a favorable solution.
Call (951) 225-1540 or contact us online to schedule a free consultation with our team.
Is It Better to Separate or Divorce?
A legal separation is not final like a divorce. The couple remains married but the courts will intervene when necessary to divide property, determine child custody, or handle other issues related to the marriage. In a legal separation, the spouses are not permitted to remarry or enter into a domestic partnership. They must honor all the terms of their agreement unless they choose to reunite.
How to File for Legal Separation in California
The complexity of your case will be determined by the nature of your separation. If you and your spouse are amicable about the separation, you may be able to create a simple contract and file quickly.
What Are the Steps for Legal Separation?
- Choose your grounds for separation. In California, couples can only separate based on irreconcilable differences or incurable insanity.
- Complete Form FL-100 Petition – Marriage: This can be obtained from your local county court or on the California government website. We can help you fill out this form.
- Provide all necessary information for minor children on Form FL-105/GC-120: This form is easier to complete with the help of our Temecula legal separation attorneys.
- Pay the filing fee or request a fee waiver. Waivers are typically reserved for clients with an extremely low income or clients who are on welfare.
- Serve your spouse a copy of the legal separation papers. This can be done through a process server or with the help of a friend or relative. Papers can also be mailed.
While the process is straightforward, disagreements between spouses, difficulties with child custody, or complications with legal documents can slow things up. Let us walk you through this big decision and ensure that the paperwork is completed correctly. We can also represent you in any future court appearances regarding the terms of the separation.
What Are the Benefits of Getting a Legal Separation?
- Retain current marital status for personal or religious reasons.
- Allows for distance and space to breathe and collect thoughts to see if divorce is actually wanted.
- Allows for better flexibility with government benefits should the couple get back together.
- Maintain current tax benefits and tax rates in California if you choose to do so.
- Separation agreements can easily be converted into divorce agreements if need be.
We serve clients throughout Murrieta, Temecula, and the surrounding areas. Reach out to our office at (951) 225-1540 today.
She believes in every case she takes in and knows how to handleRay A.
If I could give 10 stars I would!Cory I.
I would have absolutely no problem referring a friend or family member to Camarata & Fuller.Paul
Your Future is Worth It
Strong Reputation, Reviews & Endorsements
Accessible & Approachable Legal Team
Proven Track Record of High-Profile Successes
More than 40 Years of Combined Experience
Free & Confidential Consultations
Available 24/7 in Cases of Legal Emergencies