Separation in Orange County

is a court decree recognizing that a married couple is living apart.  This is also known as judicial separation.  It may be considered a possible step towards divorce. However, in some cases a Decree of Legal Separation is considered the conclusion of the case as an alternative to divorce.   In order to be “legally separated” in California, including Orange County, the couple must successfully petition a court to recognize the separation. 

Filing for separation in Orange County is very similar to filing for dissolution of marriage.  The process is nearly identical and it is always a good idea to have an attorney represent you in these proceedings. The issues of spousal support, living arrangements, and child custody and child support need to be addressed.

Physically separating from a spouse for a trial separation is not the same as a legal separation. A decree of legal separation is actually a judgment.  Al property issues including residential leases, automobile leases, car insurance, medical insurance, renters insurance, homeowners insurance and title documents need to be addressed in the decree.  Have a copy of all of your documents, including income tax, mortgage, credit, and bank accounts.  Check your insurance to see if you are still covered in the event of a legal separation. Consult with an accountant concerning pension plans and/or retirement benefits. 

Whether your separation leads to divorce or reconciliation, you need to behave in a civil manner. 

If you are going through a “Trial Separation”, try to keep the lines of communication open with your spouse, unless there are issues of personal safety.  If you have children, allow them to spend time with your spouse and keep them out of the conflict.  This separation should be used as a time to come to terms with your emotions.  The time may give you the space needed to try and rectify whatever issues you and your spouse may have.

By all means, do not hesitate to seek professional advice from appropriate counselors and professionals such as CPAs.   You should note however that there is generally no client privilege that attached to communications you made to CPA’s.

Hosford and Hosford has the legal expertise you need when facing separation or divorce

Contact us now to speak confidentially with an attorney about an orange county separation at 866-463-2448.