San Diego Family Lawyer

Legal Separation

Certified Specialist in Family Law

A legal separation may be the first step a couple takes toward finding a permanent solution to their marriage troubles. That solution may be divorce or it may be reconciliation. But, don’t think that you are legally separated if your spouse moves out of your home. That is definitely not the same thing. To be legally separated, you must petition the court for a legal document.

Besides recognition from the court of your status, you may also request of the judge orders on such matters as child custody, visitation, child and/or spousal support, property division, domestic abuse, and restraining orders. Also, with a legal separation, there can be assurance of both parties having access to such financial benefits as medical insurance, pensions, and tax benefits while not being held responsible for any debt acquired by the estranged partner. The starting date of this legal document may be backdated to the day the couple parted ways, not necessarily the day the order was granted.

If the situation does lead to a desire to divorce, a San Diego legal separation attorney is capable of helping you file an amended petition for that proceeding. Although you are not obliged to meet California residency requirements for a legal separation, they are necessary for getting a divorce. A major difference between a legal separation and a divorce is that with the former, the couple is not free to remarry.

If you and your spouse have come to the conclusion that it is time for a legal separation, it is also time to speak to an experienced San Diego family attorney. Julia M. Garwood has been assisting couples and families through stressful times for over 25 years. You can trust that our legal team of attorneys, paralegals and assistants will focus on your needs and treat you and your family with the respect that you deserve.

The Law Offices & Mediation Center of Julia M. Garwood
Julia M. Garwood, CFLS
1450 Frazee Road, Suite 602
San Diego, CA 92108
Phone: (619) 692-8100
Fax: (619) 692-1050
Julia@GarwoodFamilyLaw.com