Legal Separation Lawyers in Pasadena
The Pasadena divorce attorneys at law in the Law Offices of Donald P. Schweitzer know these legal terms can be confusing. We are experienced and ready to help you understand and mediate legal separation.
Separation
A legal separation means that the State of California recognizes that a married couple or a couple in a domestic partnership have elected to live separately. Separation does not terminate a marriage or domestic partnership. A person who is legally separated (and not divorced) cannot marry or enter into a partnership with a new spouse or partner.
Often, for a variety of reasons, including religious belief, a couple will not want or be ready to divorce or dissolve a domestic partnership, but they will want to live separately.
The separation lawyers in The Law Offices of Donald P. Schweitzer strongly recommend that, if you and your partner agree to live apart, you consult an attorney to mediate a separation agreement. As a divorce proceeds through the court system, matters such as child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, and division of property are settled. A legal separation allows time and opportunity for spouses or partners to enter mediation with their lawyers to negotiate money, property and parenting issues before a final divorce.
It is not necessary to meet California's residency requirement for divorce in order to file for a legal separation. If you have months to wait before you can file for divorce, you can still separate from your spouse and mediate a legal separation agreement. Family lawyers at the Donald P. Schweitzer firm can help you reach an agreement with your spouse about the terms of separation, and those terms will be protected by the law if you file for a legal separation. Our attorneys will request orders from a judge covering such issues as child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, or any other orders that might be given in a divorce case.
The family attorneys in the Law Office of Donald J. Schweitzer will help you decide when, and if, you become ready to move out of legal separation and finalize your divorce. We will file an amended petition to ask the court for a divorce.
Annulment
An annulment (or "nullity of marriage" or "nullity of domestic partnership") occurs in California only when a court determines that a marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void" if, at the time they were entered into:
• There was force, fraud, or physical or mental incapacity;
• One of the spouses or partners was too young to legally marry or enter into a domestic partnership
• One of the spouses or partners was already married or in a registered domestic partnership.
Annulments are very rarely granted by California courts, but the good lawyers in the Law Offices of Donald J. Schweitzer can assist you in gathering the evidence you will need for a hearing with a judge.
For professional advice about legal separation, turn to Donald P. Schweitzer’s Pasadena, California group of dedicated family lawyers. Contact us at 866-477-4485 or through our email form.