Fresno Family Law Attorneys

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Legal Separation

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Fresno Legal Separation Lawyer

Protect Your Rights with a Fresno Divorce Attorney

Divorce is one of the most permanent decisions you can ever make, and many couples shy away from it for exactly this reason. Perhaps you and your spouse are at odds, but not yet ready to commit to such a life-changing decision like divorce. If so, legal separation may offer the space you need from your spouse without terminating your marital status. Many couples use legal separation as a way to transition towards divorce, or simply to give each other more time to reflect on their relationship.

While many of the laws for a legal separation are similar to those for divorce, the process can be complex. Our Fresno family lawyers are here to uphold your best interests, no matter the outcome of your legal separation. Backed by 30+ years of experience, there is nothing too challenging for Arnold Law Group.

Difference Between Legal Separation & Divorce

Spouses who are opposed to divorce for religious reasons or who wish to maintain health insurance coverage often choose legal separation as a welcome alternative. Through this process, you remain married but live separately from your spouse for a certain period of time.

Some of the distinguishing features of a legal separation include:

  • No residency requirements for filing
  • Grounds to file are the same as those for divorce
  • Spouses may create separation agreements detailing important legal matters
  • Spouses cannot remarry during the legal separation

A separation agreement is very important for couples pursuing legal separation. This document is a legally binding contract and in it, couples can address issues that may arise during the separation period, such as child custody, alimony, and asset management. Given the significance of this contract, we are prepared to represent you throughout its formation.

A legal separation can seem insignificant in comparison to divorce, but the details can have lasting implications on your marital relationship. Rather than leaving the outcome up to chance, fight for deserved peace of mind by retaining a Fresno legal separation attorney from our firm.

Legal Separation as a Foundation for Divorce

In many cases, legal separation is used as the foundation for a permanent divorce. Many of the terms of the separation can become permanent and should therefore be taken seriously. Separating spouses will have to make decisions for a variety of matters, including:

  • Property – You must reach an agreement regarding property or the court will make this decision on your behalf.
  • Child Matters – If the separating spouses had children, they will need to handle issues related to their children, including custody and visitation.
  • Protective Orders – Individuals can ask the court to grant a protective order if their spouse has been violent or made threats to their safety or that of their children.

When Is Legal Separation Right for Me?

Different couples may have different reasons for choosing legal separation over divorce. It all comes down to what works best for your family's unique dynamic, whether it is for financial, cultural, or simply logistical reasons.

Legal separation may be a good option if:

  • You want to maintain your spouse's benefits for health insurance
  • You want to maintain your eligibility for your spouse's government benefits
  • You want to maximize tax savings by filing jointly as a married couple
  • You are part of a religion that does not approve of divorce
  • You want to wait until your children are adults before divorcing

As you make this decision, ensure that you have a trustworthy legal guide at your side. At Arnold Law Group, we can help ensure that your rights are protected at each stage of the legal process.

We are on your side and will take every precaution to achieve a satisfactory outcome. Call our Fresno family attorney today to begin filing for your legal separation.