Williams & Javellana, LLP
Chico Separation Lawyer
One of the options that is available for married individuals who no longer wish to live with each other is seeking a separation. This is something that can either be done through a legal separation or it can be done by signing a separation agreement. It is important for you to understand the differences between these two types of separation and what they mean for you as a married couple. It is also important have the proper legal counsel during this time, as many cases of separation can be difficult. Williams & Javellana, LLP can be called upon to help you through the process.
In this article, we are going to discuss the basic differences between a separation agreement and a legal separation. It is important to understand, no separation is identical to another, and it is impossible to cover all the aspects of separation in the course of a single article. If you have any questions after reading this information, you can call Williams & Javellana, LLP for further clarification.
Legal Separation – This form of separation is an alternative to getting a legal divorce. There may be a number of different reasons why a couple would choose a legal separation over getting a divorce, including religious reasons or if there is a financial advantage to being separated but not divorced. In the legal separation process, you’re going to need to follow steps that are very similar to getting a divorce. This would include filing a petition for legal separation, which must be done through the court systems. There are also some decisions which will need to be made, including alimony or property division, child support and child custody. These can either be determined through the court system or amicably between spouses. Finally, the court system is going to need to present the final judgment of legal separation. During the time that you are legally separated, you will not be able to remarry or file taxes as a single individual.
Separation Agreement – Many people consider a separation agreement to be the same thing as being legally separated, but it is not the same. In the state of California, spouses can enter into a separation agreement, which does provide a legal contract between the spouses but does not end the marriage. It is different from a legal separation, in part, due to the fact that a court does not need to get involved in the agreement. A number of factors can be included in the separation agreement, which will govern anything from the selling of property or handling of finances to child custody and child support.
Regardless of whether you are seeking a legal separation or if you are signing a separation agreement, it is a good idea for you to have an attorney by your side. This can either be for the purpose of getting legal advice or to ensure that the paperwork is filed properly. It may also assist in the communication process between you and your spouse during the time that the separation is taking place. Call Williams & Javellana, LLP for more information on how we can assist you with what you need during this time.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015