Fresno Separation

A Fresno legal separation differs from divorce in many ways. One of the primary differences is that a legal separation in Fresno does not dissolve a marriage. Couples who are separated but not divorced are not permitted to enter into a new marriage or domestic partnership. Spouses are still considered married.

Other differences include the following:

  • Both spouses must agree to separation in Fresno
  • Unlike divorce, there is no waiting period to file for legal separation.
  • California residency requirements do not apply. A spouse does not have to live in the state for six months to be eligible to file for legal separation.

Why choose a Fresno legal separation?

In most cases, a Fresno separation is filed with the intention of eventually seeking a divorce. Couples who do not intend to get divorced may pursue legal separation for a variety of reasons including:

  • A desire to live apart but with legal documentation that determines details of finances, property, and parenting
  • Religious beliefs
  • To retain medical or other insurance benefits
  • To meet eligibility guidelines for Social Security benefits
  • Protection from debt accrued by the other spouse during separation 

Fresno separation agreement

For a separation in Fresno to be valid a separation agreement must be put in writing and signed by both parties. The written contract addresses the same issues covered in a divorce and is often consulted if a couple eventually chooses to obtain a divorce. Some of the matters covered by a Fresno separation agreement include the following:

  • Division of property
  • Division of marital assets and debts
  • Disposition of the marital home
  • Continuation of insurance coverage
  • Tax issues
  • Alimony payments
  • Child support and visitation rights

It is important to note that property acquired after legal separation is no longer joint property and will not be considered community property in case of divorce.

You need skilled legal guidance

To ensure your Fresno separation agreement is completed and processed correctly it is important to seek guidance from a lawyer with experience in family law issues and separation proceedings.

At Miller & Ayala, LLP we have extensive experience representing clients in family law mediations, negotiations, and litigation.

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

MILLER & AYALA LLP
Attorneys at Law
191 W. Shaw Avenue, Suite 102
Fresno, CA 93704
Phone: 559-222-6622
Toll-Free: 888-317-6621
Fax: 559-222-6626
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