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2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
Divorces rank as the most common option when a marriage has run its course, but it’s not the only option. Couples who wish to remain married but pursue living separately can file for a legal separation instead, allowing them to retain certain rights that married couples enjoy while living free and independent of their spouse.
Legal separation allows married couples to formalize a separation without terminating their marriage. Similar to divorce, issues regarding child custody, child and spousal support, property division, debt allocation, and more must be discussed and agreed upon before it can be finalized.
A divorce terminates a marriage, while a legal separation allows the parties to part ways with the marriage legally intact.
Legally separated couples retain the same benefits of a married couple, including health insurance, tax advantages, and independence. However, they are unable to remarry until an actual divorce is filed for and finalized.
Divorces, on the other hand, terminate the marriage completely. Since divorces can be costlier than legal separations, making the decision regarding what’s right for you an exercise in weighing the pros and cons of each option.
The process for obtaining a legal separation is very similar to divorce, but the outcome is staunchly different. It all starts with filing a petition with the court and serving your spouse. A great family lawyer will assist with and facilitate this portion of the process to ensure it goes smoothly.
From there, proceedings unfold similar to the divorce, involving negotiation and mediation first and leading into a court hearing if the parties can’t agree out of court. Once an agreement is reached, regardless of when and where the agreement is reached, the court will finalize the terms of the separation and it will be legally in effect from that point forward.
Legal separations do, in fact, affect child support.
The structure of child support payments and amount paid must be agreed upon before finalization. If you cannot reach an agreement regarding child support, child custody, visitation, and other matters related to children, the court will decide during the hearing.
This is where having excellent representation is key.
Even if you and your spouse are in complete agreement regarding the legal separation and its terms, trying to decipher the legal documents associated with the process is an exercise in madness. It’s not worth the time and hassle decoding legal speak when a qualified family lawyer will help you through in a pinch.
If you and your spouse are not in full agreement regarding the separation and its terms, hiring an excellent lawyer becomes even more crucial.
That’s where Vonnah Bagner comes in.
If you need a family lawyer or legal separation services in the greater East Bay Area, including San Leandro, Oakland, Hayward, Union City, & Fremont, contact Vonnah Bagner at Bagner Law, PC today.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro.
2777 Alvarado Street, Suite E
San Leandro, CA 94577
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Friday 8:30am - 2:00pm
Weekends and After-Hours by Appointment
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