Legal Separation

If you are looking for a Legal Separation Attorney in Orange County, the attorneys at Masson & Fatini are here to help. We can advise you on the difference between a divorce and legal separation, and help you decide which of the two options you should choose. If you have any questions or need assistance with a Legal Separation, please feel free to contact our office and our qualified attorneys and staff can assist you.

What is the difference between a Legal Separation & Divorce?

You most likely have heard the term “Legal Separation” and “Divorce” but may not know what those terms mean or the difference between them. The most simplistic explanation is that both a Legal Separation and a Divorce offer spouses the ability to obtain orders for child custody, visitation, child support, spousal support, separate and community property characterization, division of property and complex property issues, however at the conclusion of a Legal Separation the parties maintain their marital status while at the end of a divorce the marital status is terminated. A Legal Separation is often used instead of a divorce for religious purposes.

Difference between a Date of Separation & Legal Separation?

Another confusion often made is between a “Date of Separation” and a “Legal Separation.” A legal separation is a lawsuit that allows parties to divide their assets and debts, determine custody, child and spousal support and many other issues while still maintaining their marital status.

In California, a date of separation occurs when one spouse decides that they do not want to continue the marriage and their actions confirm this decision. It is significant in California because it determines whether or not an asset or debt is separate property or community property. The date of separation is often used as the date to divide assets and debts and plays an important role in determining the length of spousal support for marriages shorter than ten years. Determining the date of separation can be a complicated decision and should be one discussed with an attorney. Both divorces and legal separation actions require a determination of the date of separation.

How can Masson & Fatini help?

Our attorneys are experienced in handling Legal Separations. Whether you have decided to file for a Legal Separation, you have been served with papers for a Legal Separation or you would like to discuss further questions and options about a Legal Separation we can help. Contact us today if you have additional questions or would like to arrange a consultation with one of our attorneys.