Spouses may separate for many different reasons. Perhaps you need to take some time away from your spouse to decide whether you should end your marriage or not. Maybe you or your spouse filed for divorce, and you want to move on with your life as soon as possible. Whatever the reason, you should speak with an experienced divorce lawyer in Carlsbad if you plan to separate.
Is Legal Separation Right for You?
When you and your spouse separate, there are many things to consider. First, who should move out? Keep in mind that if you want to be the one to keep the family home, this can be more difficult once you voluntarily move out upon separation. A lawyer can help you weigh your options about where to live while you are separated.
Even though you are still married, living in separate places can cause many potential issues. First, how do you decide who gets what? You may have many electronics, appliances, and pieces of furniture that are valuable financially and/or emotionally. Next, where will your children live and how will you decide how to split time with them? The reality is that separation can lead to many legal issues that are similar to those you will face in a divorce.
Fortunately, California state law allows spouses to seek a legal separation, which can protect your rights and interests while separated. This involves putting a separation order in place, which will address:
- Property division
- Child custody
- Child support
- Spousal support
If you decide to stay married, you can simply have the court rescind the separation agreement. If you seek a divorce, the separation agreement can be a strong basis for your divorce agreement.
Contact a Divorce Lawyer in Carlsbad Today
The McKinnon Law Firm assists clients who are considering separation or divorce. Call 760.707.3373 or contact us online to learn how a Carlsbad divorce attorney can help you.