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Fremont, CA – Family / Divorce Lawyer Discusses the Legal Separation Process

Splitting up is not always easy when you’ve enjoyed potentially many years with a significant other or partner, but it’s made much more difficult once you, as Beyoncé would say, “put a ring on it.”

Married partners are faced with few options once they’ve agreed to part ways, the most common of which is divorce; but there are options beyond the classic divorce.


For example, a legal separation allows both parties to pursue independent living while their marriage remains intact. Details are hashed out similar to an actual divorce, but there are some key distinctions.

Vonnah Bagner of Bagner Law, PC discusses the process.

Why Would You Want a Legal Separation?

Some folks wonder why anyone would want to stay legally married if they feel the marriage has run its course. It’s true that many people are eager to get away from their former spouses after separating, just as eager to sever all ties, legal or otherwise, as soon as possible. There are some reasons and some circumstances, however, in which a legal separation may make more sense.One of the most common reasons has to do with marital benefits such as tax advantages and health insurance. So long as the two parties remain legally married, they retain all the benefits they have grown accustomed to.

Another common reason to remain legally married is religion. Some religions do not believe in the practice of getting a divorce. A legal separation, therefore, grants the two involved parties the freedom that comes along with living independently without violating an important practice of their faith.

How to Get a Legal Separation

So, if you’ve decided a legal separation is more appropriate for your circumstances, there is a process that must be completed before everything is made official. You cannot simply walk away and wish each other well, as, in the eyes of the law, that means you’re still married.

Before beginning the process, it’s important to find excellent representation, such as Vonnah Bagner. Your attorney will help guide you through the process, provide insight regarding the law and what you might expect next, and they will, most importantly, fight for your best interests at every turn of the road.

The first step is to file for the separation. Once the request is processed, your spouse will be served and given a chance to respond. Presumably, they will know of your intention to pursue a legal separation, but this is by no means an actual legal requirement.

What happens next is very similar to a divorce. You will undergo negotiations, mediations, attempt to settle out of court and, if unable, will attend a hearing thereafter to hash things out in their entirety.

The biggest difference is the end result, as a divorce terminates the marriage while a legal separation keeps it intact. Details of the arrangement will be finalized by the court and, once the judgment is made, you will be legally separated.

Representation Matters

If you’re in the East Bay area, you will find no better family law attorney than Vonnah Bagner of Bagner Law, PC. Not only does she boast decades of experience and expertise, she offers compassion that few lawyers possess.

She takes the time to truly understand what it is her clients want so she can best deliver those results.

Find out more now; call Bagner Law, PC today!

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