HOW TO FILE FOR LEGAL SEPARATION IN San Diego – FILING PROCESS & LAWS
In San Diego, the procedure of legal separation is comparable to that of divorce, although it does not remove one’s marital status. This article explains who is eligible for a legal separation, why one might be desired, and how to apply for one.
What does legal separation in San Diego mean?
It’s likely that you’ve heard of separation prior to divorce. Before they may file for divorce, a couple must often separate for a certain amount of time—between six months and a year, on average.
But in San Diego, there are differences in legal separation. A legal separation can address many of the same concerns as a divorce case and is a viable alternative to divorce when done through an experienced family law attorney in San Diego. The couple’s marriage is still deemed legitimate, which makes a difference.
Why choose legal separation in San Diego over divorce?
A couple may decide to pursue a formal separation rather than a divorce for a variety of reasons. The most typical scenario is probably when one or both partners oppose divorce for ethical or spiritual grounds. They can achieve financial independence and set guidelines for child custody and maintenance without divorcing by finalizing a formal separation.
How do I file for legal separation?
If you want to know how to apply for separation in San Diego, you must need to know that the process is somewhat similar to that of divorce. The ultimate result of the process—whether you end up officially separated or divorced at the end—and whether or not you have to wait six months are the only variations in the procedure. In San Diego, there is no waiting time for separation but a six-month waiting period from the date of divorce filing.
Otherwise, obtaining a divorce and a legal separation in California follow the same procedure.
Section One: Case Begins
Filling up and submitting the Petition and Summons is the first step. The summons notifies the other party that this action has been taken, and the petition is the document that outlines your marriage and the action you want the court to do.You must also file a Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) if you and your spouse have young children. A $435 to $450 filing fee is required. If you are unable to pay the charge, you are eligible for a fee waiver.
Section Two: Support Your Partner
Copies of all the forms you file, together with a blank copy of the Marriage/Domestic Partnership form, must be given to your spouse. You can do this by having your spouse get the paperwork from another adult. You can pay a process server, the sheriff, or someone you know. Speak with the court clerk or a lawyer about other service possibilities if you are unable to locate your spouse or if they are abroad.
Section Three: Exchange Financial Data
Your spouse get access to the financial disclosures, not the court. These documents are meant to ease the resolution of financial disputes and to aid in the making of judgements about child support and custody. You have sixty days from the day you filed the petition to finish the disclosure if you filed for separation. If you file a response, you have sixty days to finish the disclosure if you are the reply. A Declaration Regarding Service of Disclosure must be submitted.
Part Four: Decision Making
All states’ courts, not just California’s, would much rather merely examine joint agreements made by the two spouses. In most cases, the courts will follow the parties’ agreement since they don’t want to rule on matters like custody or property split.
This is the reason this step of the procedure is so crucial. As long as the arrangement is reasonable, the court will nearly usually follow the parties’ agreement if they can agree on how to split property and handle child custody. Only the matters that the parties are unable to agree upon between themselves will be resolved in the final hearing or trial, if required.
Part Five: Final Outcome
California doesn’t even require a hearing if the parties can agree on everything. Whether you’re going through a legal separation or divorce, your case can be settled in its entirety without you having to go before a court.
Of course, a hearing will need to be arranged and the court will need to step in if you two are unable to reach a consensus on every matter.
The Conclusion
Are you confused between divorce and legal separation in San Diego? It is better to see the help of a family law attorney in San Diego. Consult Mesnik Law, one of the top-rated law firms in San Diego. Contact them today and get the best-in-class legal support right away.
Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to read more about the dissolution of marriage in San Diego.