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2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
Separation is a viable alternative to divorce for many couples, and can have benefits depending on your unique situation. There are various reasons why a couple might choose separation over divorce, including insurance benefits, keeping the door open for reconciliation and/or if a separation would benefit their children.
A legal separation has many similarities to divorce, but the marriage does not end even when it is recognized by the court. Since separation is often complex and it involves an accord on several issues by each spouse, a separation agreement helps to provide clarity for everyone involved.
Our family law practice has helped countless people in the Bay Area through major life events and we want to help you as well. In the sections to follow, we will answer some pressing questions regarding marital separation agreements.
Couples can agree to separate, either formally through legal means or informally as a trial to see if time apart will help them reconcile their issues. If a couple chooses to go the legal route, there are many issues which must be agreed upon prior to entering separated status, and an agreement by both parties helps outline the terms of their separation.
Similar to a divorce agreement, a separation agreement puts into writing all the important issues the couple will handle during their separation, including allocation of assets, child and spousal support, child custody and visitation and more. This must be agreed upon before a couple can become legally separated.
An attorney who is experienced in family law can help you understand the separation process and if it might be right in your situation. If it is and you and your spouse agree on basic terms, they can work with you to provide a calming presence during negotiations and ensure each party’s concerns are heard before helping you legally file for separation.
If a couple is not on the same page with key issues surrounding the separation, an attorney can help each party ensure their needs are met with the agreement before it is submitted to the court and/or can represent them in mediation or in the courtroom if a ruling is required.
Much like a divorce, a separation must be filed in a court. If a couple wishes to file together they can, and if one party wants to file then the other must be served with the separation petition. From there, an agreement must be reached. Ideally the couple can agree without mediation or court order, but if the separation remains contested then a judge will make the final ruling before ordering the separation finalized.
If you need an experienced lawyer to help you with a marital separation agreement or any other family law issues in the greater East Bay Area, including San Leandro, Oakland, Hayward, Union City, & Fremont, give us a call or book your consultation online 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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