If you are seeking counsel in the San Jose, Santa Clara County, California area concerning a legal separation, Ernest can help.

Many times clients ask just what the difference is between a legal separation and a divorce (which in California is called "dissolution of marriage"). The chief difference is that at the end of the legal separation proceeding, when the judgment has been signed and filed in court, the parties to the case still remain married to one another. If a person has obtained a judgment of legal separation, he or she cannot marry anybody else unless they later file a petition for dissolution of marriage and obtain a judgment of dissolution. A "dissolution," in other words, "dissolves" the marriage, much like when a corporation is dissolved and becomes no more.

Another important distinction between beginning and concluding a legal separation case is the issue of residency. In order to file for dissolution in California a person must be a resident of the state for at least six months and of the county in which they want to file for at least three months prior to filing the petition and summons. However, for a legal separation case a specific residency period in California or a particular county is not required.

There is another significant difference between getting a legal separation judgment and getting a dissolution of marriage judgment. In the latter, the judgment dissolving the marriage cannot be effective any earlier than at least 180 days after the responding party is served with the petition and summons. Even if all the paperwork is completed, a marital settlement agreement is done, and the judgment is filed in court within weeks of the start of a case the parties are still married to one another until at least six months from the date of service upon the respondent. For those involved in a legal separation matter, this is not the case and a judgment can be filed and effective fairly quickly, keeping in mind both types of cases require the exchange of financial disclosures and the preparation of many different kinds of forms to make the judgment effective.

Of course, a legal separation case, once residency is established, can later be converted to a dissolution case by filing and serving an amended petition. And, if the responding party in a legal separation matter files their form response requesting a dissolution, the case automatically becomes a dissolution action instead of a legal separation action. As you can see, this is a very complicated area of law and you definitely should not go into any type of family court proceeding without the advice and assistance of an experienced attorney.

Like a dissolution action, a legal separation case deals with division of property, allocation and payment of marital debts, child support, custody and visitation, spousal support, and any reimbursement claims either party may have. Both parties can walk away with all of their respective rights protected, identified, and with appropriate awards of their share of the community marital estate, as well as having separate property issues decided.

Our goal is to work toward a fair resolution of your concerns, with a very responsive, compassionate and competent approach to the process, whether in court or negotiated outside court. We are as aggressive as necessary but we have a firm commitment not to over-litigate our clients' cases and do as much as possible to seek an early, equitable conclusion in all matters.

Contact Us Online or Call Us at (408) 279-1100 for a free phone consultation to discuss matters concerning legal separation.