Divorce and Separation in Fresno

A common question of couples considering the dissolution of marriage concerns the difference between divorce and separation in Fresno. Although similar in some ways, divorce and legal separation are actually quite different. Understanding the differences between the two helps couples make informed decisions about the option that is best for their particular situation.

Key differences between divorce and separation in Fresno

The main difference between Fresno divorce and separation is that under a legal separation a couple is still married. Thus, neither spouse is permitted to remarry or enter into a domestic partnership while legally separated.

Another key difference involves residency requirements. California law dictates that to be eligible to file divorce a person must be a resident of the state for 6 months and the local county for 3 months. However, there is no waiting period to file for legal separation.

The length of time it takes for a judgment to be filed and put into effect also differs between a Fresno separation and divorce. Although a legal separation is effective fairly quickly, couples divorcing in California must go through a 6-month waiting period after the divorce papers are filed and served. The dissolution of the marriage is not effective until that time. Sometimes the divorce process can drag on even longer.

Fresno divorce and separation help

Separation and divorce in Fresno involve a considerable amount of effort and emotion. Both are major decisions with far reaching consequences. Because of the complicated nature of finances, property divisions, custody and support issues it is vital to retain the services of an experienced divorce and separation attorney.

Some of the issues addressed both in the divorce process and in legal separation agreements include the following:

Because many couples that legally separate eventually file for divorce the decisions laid out in a separation agreement may carry over into the divorce settlement agreement. Considering the long-term consequences of both and the complexities involved in the divorce and separation processes seeking guidance from an experienced family law attorney is essential. 

Seek advice from experienced attorneys

Whenever legal rights are at stake, it is important to seek advice from knowledgeable and experienced lawyers. At Miller & Ayala, LLP we have extensive experience representing clients in family law mediations, negotiations, and litigation. We are committed to providing excellent personal service, communication, and outstanding results.

To learn more about a separation and divorce in Fresno or to schedule a free consultation, call us at 888-406-1472 or use our email form and contact us today!