Sacramento CA Divorce Lawyer – Legal Separation
Sometimes, despite our best efforts, we just cannot make the marriage work out and we need to separate.
There are two types of separation. The first type is a formal petition for “Legal Separation“. This functions in the same way as a divorce, and everything that can be done in a divorce action (property and debt division, custody and visitation, child and spousal support, orders for attorney fees, residence exclusion orders, etc.) can be done in a “Legal Separation” action. The only difference between a “Legal Separation” and a “Dissolution” (divorce) is that the marital status is left intact with a “Legal Separation”. People seek a “Legal Separation” for various reasons, but the common thread is, for whatever reason, both parties agree to keep the marital status intact but wish to terminate the community estate, and potentially deal with other issues. It is important to keep in mind that if a “Legal Separation” petition is filed, either spouse can at any time choose to convert the case to a Dissolution (divorce).
Establishing the date of separation is usually not an important issue, except when it may be related to a property rights or debts. For example, if on June 1 Spouse 1 purchases a lottery ticket, and then separates on June 2. If Spouse 1 learns that the ticket was the big winner, the lottery winnings are community property to be equally divided. If, however, Spouse 1 separates on June 2, and bought the lottery ticket on June 3, then the winnings are not community property and belong entirely to Spouse 1. So, except in very rare circumstances, the parties generally agree on a separation date at the start of the process because there is no reason to litigate the issue.
If your divorce case has a particularized issue that requires the issue of the “date of separation” to be litigated, it is important you retain a Sacramento CA divorce lawyer that understands the precise legal issue and what facts must be established to prevail.
If you or a loved one is in need of an expert Sacramento CA divorce lawyer contact The Law Office of Robert N. Kitay. It is important to protect your legal rights.
Call Us Today: (916) 266-0188
Law Office of Robert N. Kitay
2508 Garfield Avenue, Suite A
Carmichael CA 95608
Tel: (916) 266-0188
Fax: (916) 266-0198