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:
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:
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:
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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.
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.