Santa Maria Legal Separation Attorney
There may come a time where you and your spouse decide that it would best if each of you lived apart. However, if you do not wish to get divorced, a legal separation may be a better option. Through a legal separation, spouses can determine whether they want to go through with a divorce in the future or whether they wish to stay married. If you require assistance to file for legal separation in Santa Maria, California, you should speak with an experienced Santa Maria legal separation attorney to discuss your case.
The Law Offices of Bamieh & De Smeth, PLC, is here to offer legal representation that is tailored to your needs. We understand that legal separation can be a challenging and sensitive topic for a family, and we are here to address your legal concerns. To schedule a free legal consultation to discuss your legal separation case, contact the Law Offices of Bamieh & De Smeth, PLC, at (805) 643-5555. You may also contact us online to schedule your appointment.
How Legal Separation Works in Santa Maria, CA
Legal separation is a process where spouses elect to stay married but decide to live separately from each other. For example, in many legal separation cases, one or both spouses will move out of the marital home and live in different homes or possibly even different states. This is different from filing for divorce as each spouse would be unable to remarry and would still have to consider the other spouse when attempting to use or sell of marital property.
There are a number of issues that may arise when filing for legal separation in Santa Maria, CA.
The handling of marital property is often an issue during a legal separation. In some cases, spouses may decide to resolve property issues amongst themselves. However, if the spouses cannot agree on how to handle property matters, it may be necessary to work with a mediator, or the spouses could submit options to their attorneys for negotiations.
In some cases, spouses may bring their property matters to a family court for a resolution. This may be a wise idea as the court can issue a court order that will bind each spouse to the agreement. A court order can address the following marital property issues:
- Mortgage payments
- Health care expenses
- Marital funds in joint accounts
- Future assets acquired by either spouse
This is not an exhaustive list. If you are concerned about how to resolve property disputes in your legal separation, we can work with you to determine a suitable arrangement for you and your spouse.
If a married couple has one or more children, the custody of those children must also be considered when filing for a legal separation. For example, if one spouse wants physical and legal custody over the children, while the other is pushing for joint custody, this issue may have to be handled in family court.
There are a variety of factors that must be considered when handling child custody matters:
- The financial situation of each spouse
- The living situation of each spouse
- Whether a spouse has an addiction to gambling, drugs, or other potentially harmful activities
- Whether a spouse has committed domestic violence against the other spouse or a child
Additionally, a court may even award one spouse with child support payments under certain circumstances. Our firm can help you fight a child custody order that meets your needs.
If you wish to know more about how to file for a legal separation in California, you should continue reading and contact our experienced Santa Maria legal separation lawyers today.
How to File for Legal Separation in Santa Maria, CA
While you and your spouse can separate without the aid of a court, it may be difficult to enforce certain agreements without a binding court order. That is why it is important to go through the formal legal separation process to avoid a number of issues that may arise with an informal legal separation.
There are multiple requirements that must be met to successfully file for legal separation in California. One requirement is that at least one spouse must have been a resident of the State of California for a minimum of six months before filing for a legal separation via Form FL-100.
Additionally, you must also establish a ground for your legal separation. Many legal separations are blamed on irreconcilable differences between the spouses. For example, you could file for legal separation on the grounds that you and your spouse communicate poorly, which has led to a number of marital issues.
If you need legal assistance to manage separation from your spouse in Santa Maria, the Law Offices of Bamieh & De Smeth, PLC, is here to assist you through this process.
Work with Our Experienced Santa Maria Legal Separation Lawyer Today
If you and your spouse have decided to pursue a legal separation, you should consult with an experienced Santa Maria legal separation lawyer as soon as possible. At the Law Offices of Bamieh & De Smeth, PLC, our legal team of Ventura family law attorneys possesses a wide range of experience handling legal separations and many other areas of family law, and we would be pleased to work with you. To schedule a free case evaluation to learn more about legal separation, contact our firm today at (805) 643-5555. You may also use our online submission form to schedule your appointment.