Carlsbad Legal Separation Attorneys

Can I Get a Legal Separation if My Spouse Doesn’t Agree? 

No. You can only obtain a legal separation if your spouse agrees or doesn’t respond to the petition within 30 days. If your spouse contests the petition for legal separation, you must undergo the divorce process. 

Can I Still Use My Spouse’s Health Insurance After a Legal Separation?

Yes. Because a legal separation doesn’t change your marital status, you can continue to use your spouse’s health insurance after a legal separation as long as the plan allows it.

How to File for Legal Separation in San Diego County

To file for legal separation in California, it’s important to take the following steps: 

1. Meet residency requirements. To be eligible for a legal separation, at least one spouse must live in California. There is no time requirement. 
2. File required forms. The petitioning spouse must complete Form FL-100 (“Petition for Legal Separation”) to initiate the legal separation process and Form FL-110 (“Summons”) to notify the other spouse (“respondent”) of the request. 
3. Serve the respondent. The petitioner must serve the other spouse in person or using a neutral third party, then file Proof of Service (Form FL-115) with the court. 
4. Complete financial disclosures. Next, both spouses are required to fully disclose their financial information by completing Form FL-140 (“Declaration of Disclosure”) and Form FL-150 (“Income and Expense Declaration”). 
5. File a response. The respondent will have 30 days to contest or agree with the terms of the legal separation. 
6. Negotiate a marital settlement agreement. If both spouses agree on separation terms, they can prepare and file a marital settlement agreement that outlines their mutual agreements. 
7. Final judgment. After all required paperwork is completed and both spouses agree on the terms, the court will issue a Judgment of Legal Separation (Form FL-180) to finalize the legal separation. 

Do I Need a Lawyer for a Legal Separation? 

While California law doesn’t require couples to retain lawyers for legal separations, consulting a trusted attorney can significantly affect the outcome of your case. Here are some benefits of seeking legal counsel: 

• Understanding the legal process. A knowledgeable lawyer can help you understand your legal options, make informed decisions for your future, and protect your rights throughout the separation process.
• Navigating complex issues. Legal separation often involves complex and emotional issues like child support, child custody, and asset division. Your lawyer can guide your legal steps wisely while protecting your interests.
• Preparing and filing required forms. A qualified attorney can help you complete and file the necessary paperwork correctly and within court deadlines to avoid potential delays or dismissals.

Experienced Representation for Couples in Carlsbad

Navigating the legal separation process can be daunting, but you don’t have to do it alone. At Burke & Domercq, our award-winning advocates have decades of experience and a reputation for providing compassionate counsel in life’s toughest seasons. Our firm includes board-certified family law specialists with a winning track record of results in family court, giving you peace of mind that your future is in trusted hands. 

If you’re filing for a legal separation in North San Diego County, our firm can represent your best interests. Contact us online to request a consultation.

Understanding why people choose legal separation

There are several reasons why spouses who feel dissatisfied with their relationships opt for legal separation rather than outright divorce. In some cases, a recent relocation may factor into that decision.

Spouses typically need to have lived in California for at least six months in the county where they file for at least three months to initiate divorce proceedings. There are no minimum residency durations imposed on those seeking legal separation.

The need to promptly alter legal circumstances can also make legal separation an appealing option. Spouses usually have to separate and wait for at least six months before they move forward with a traditional divorce. Legal separation does not require a cooling-off period before couples can go to court. For some people, cultural values or religious beliefs might be the deciding factor. They may not support the idea of marriage but may want to alter their relationship status or limit their liability related to their spouses.

Discussing personal circumstances with a skilled legal team can help people determine whether divorce or legal separation is the right option for them. There are benefits and drawbacks to each approach.