California Separation Law—Ventura Separation/Divorce

Many couples weigh separation versus divorce to decide which option works best for their situation.  At Morgan Law Firm, our family law attorneys have extensive experience assisting clients with divorce and legal separation in Ventura.

Ventura legal separation and divorce

Divorce is a final judgment that dissolves a marriage. While a legal separation is similar to divorce by allowing couples to resolve issues such as child custody, visitation, child support, property and debt division, and spousal support, a main difference is that you remain legally married. Unlike divorce, after acquiring a legal separation you may not marry another person. However, once a legal separation is finalized, you no longer share community property or have the duties and responsibilities of a married spouse.

You and your spouse must both consent to a legal separation to receive a judgment. The exception to this rule is when your spouse has not made a general appearance after you file a petition for separation (California Family Code § 2345).

Unlike divorce, there is no residency requirement in California for legal separation. Also, there is no six-month waiting period required before filing.

Once a you receive a judgment for legal separation, if you later decide to divorce—provided that you meet residency requirements— you and your spouse can amend the petition and request a divorce. Divorce is based on irreconcilable differences or incurable insanity, and does not require both of your consent.

Ventura separation agreement

When you have disputed separation issues (custody, child support, property division, etc.) you may use collaborative law, mediation, or a negotiated settlement to resolve your issues.

A settlement agreement or stipulated judgment are legal terms for an agreement that you and your spouse reach regarding arrangements for child custody and support, visitation, property and debt division, and spousal support. The stipulated judgment is submitted to the judge and once the judge approves and signs it, the formal agreement becomes a case judgment granting your separation.

Reasons for separation

You may decide on a Ventura separation over divorce because you are uncertain about dissolving your marriage and want to see how you do living separately. Other reasons for separation without divorce often include:

• Tax advantages
• Health insurance reasons
• Military benefits
• Religious reasons

Seek experienced separation legal help

The family law attorneys at Morgan Law Firm have offices throughout Southern California, from Santa Barbara to San Diego, and are available 24 hours a day, 7 days a week. We offer flexible payment plans and work within each client's individual budget to provide affordable services. Call Morgan Law Firm today at (805) 529-3476.