Chico Legal Separation Lawyer
It has become common knowledge that more than half of all marriages end in divorce. Although amicable separation is possible, most times it is necessary to hire a lawyer to sort out the legal issues. It is also worth considering that divorce is not the only option. If you and your significant other are ending your relationship, separation or annulment may be the more appropriate course of action. It is important to know what each type of separation means and how an attorney might be able to help you in each of these circumstances. Every relationship is complex and you should seek the legal advice of a family law attorney with experience in legal separations. At Amaya & Associates we are prepared to help you through these legal proceedings and will work hard to obtain favorable results. Consult with a Chico legal separation attorney today.
Differences Between A Divorce and Legal Separation
Whether a couple has been married for a short time or decades, sometimes both decide that it is time for the relationship to end. In addition to legally ending the marriage, there are several factors that must be dealt with also. These include child custody and support, as well as visitation rights. In some cases, spousal support is also important. Assets will also need to be divided, including real estate, personal property, and financial assets. If both parties agree to what the other wants to do, the divorce can proceed as an uncontested dissolution. This is not very common and most parties need mediation from a third party. It is recommended that each person hire a divorce lawyer for legal advice. When an agreement cannot be met even with mediation, the divorce is considered contested and final results are determined by the Court. It is highly recommended that you hire a Chico divorce lawyer to represent you through this challenge.
II. Legal Separation
When both spouses are not in agreement that divorce is the right course of action, a legal separation may be appropriate. This will give each individual time to consider what he or she wants to do. A legal separation is similar to a divorce and is generally handled through the same legal process. Legal separation is also a preferred choice when one spouse needs protection from the other spouse’s debts. Legal separation does not grant either party the right to remarry. It does include the issues of child support, custody, and visitation rights. Spousal support can be assessed for a legal separation, as well as division of property. There is no time restriction on separation and it can be maintained indefinitely. However, if either party chooses to proceed with divorce that process must be completed as a separate action and you will need an attorney.
A Legal Separation Is NOT An Annulment
In some cases, annulment may be the action of choice. This process is similar to a divorce in that it grants the individuals a separation and right to marry. However, rather than ending the marriage, it verifies that the marriage never legally occurred in the first place. Annulments can be complicated because it must be proved that the marriage was not legal. This can include fraud, duress, bigamy, incest, and underage marriage. There are several complex issues that are difficult to handle under an annulment. The two most significant are child custody and division of assets. If the couple was never marriage, determining each individual’s rights becomes quite complicated. Representation of an annulment attorney is highly recommended.
Call Our Office Today
If you and your significant other are thinking about ending your marriage or legal domestic partnership, through legal separation, it is important to seek appropriate legal counsel as soon as possible. The nuance of marriage laws is complicated. Contact a Chico legal separation lawyer at Amaya & Associates to help you determine which of these actions is most appropriate in your situation.