Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization

The breakup of a marriage is hardly ever easy. In addition to the complicated emotions that can come with divorce, there are also significant financial questions that are challenging to face. Additionally, the divorce process can be quite lengthy, but there are issues that must be addressed right away. A separation agreement is a legal document that parties can use for ironing out temporary legal issues while a divorce case proceeds.

If you have questions about how this type of contract may make sense in your situation, an experienced attorney could help. Let a Thousand Oaks separation agreement lawyer advise you on how this type of document could work out in your favor.

Understanding Separation Agreements in Thousand Oaks

A legal separation is similar to a divorce, but the distinctions are important. While divorces have residency requirements, legal separations do not. This means that residents who are new to the state might not immediately qualify for a divorce, but they could qualify for a legal separation.

Where the parties choose to resolve their legal separation out of court, they can enter into legally binding agreements, which address many of the same issues as divorces do, including child custody and property division and distribution.   In some cases, parties might file for a legal separation and then convert into a divorce once the residency requirements are satisfied.   other couples, a Judgment of legal separation is an alternative to a formal divorce.

Under state law, legal separation is no fault as well. This means that a person does not have to establish that the other spouse has done something wrong in order to qualify for a legal separation. For the most part, Judgments of Legal Separation are granted on the basis of irreconcilable differences between the two parties. A lawyer in Thousand Oaks could explain if drafting a separation agreement is in the best interests of a couple depending on their situation.

Issues Covered by Legal Separation

There are countless issues that a legal separation agreement can cover. In fact, virtually every aspect of a divorce could be addressed during a separation. One of the central issues in many of these matters is child custody. This includes making important child custody decisions regarding their physical custody and visitation as well as describing the specifics of child support obligations. These agreements can also address spousal support. This includes whether or not support is necessary, the amount paid each month, and the duration of these payments. In many cases, this support continues until the case is finalized.

It is also possible for a Legal Separation matter to address property division. In addition to the cash and real property in the name of both parties, a Judgment of Legal Separation t could also effectuate the division of personal property, retirement accounts, and other marital assets. It is important to enter into a fair settlement agreement. This requires full disclosure from both parties regarding every marital asset. A Thousand Oaks attorney could help ensure this disclosure when preparing separation agreement.

Speak with a Thousand Oaks Separation Agreement Attorney

Although a legal separation makes sense in a variety of situations, it is vital that you seek legal counsel before beginning the process. From child custody to spousal support, there is a wide array of factors you should consider. Let a Thousand Oaks separation agreement lawyer guide you through these decisions. Call right today to get started.

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