Legal Separation

In the state of California, a legal separation is treated as a separate process from a divorce. It is used in a special set of circumstances. Chiefly, a separation requires the voluntary agreement of both parties. If you desire to separate from your spouse, but he or she will not consent to a legal separation, your next appropriate action will most likely involve filing for divorce.

When a legal separation is filed, the spouses remain “married,” but the financial implications change. After a separation is filed, no additional property accumulated or purchased by either party will be considered “community property” for the purpose of divorce. Unlike a divorce, you cannot remarry while under a legal separation.

Unlike a divorce, there is no waiting period required for a legal separation (divorce takes six months). Your attorney will ultimately have to recommend the best course of action, but generally, a legal separation may be a good route to take if you have no plans to remarry and have assets to protect.

| Separation | No Comments »

Bifurcation

Bifurcation is the process by which issues get divided into two parts. In divorce court they separate the case into the two sections which would be the property and child custody or child support. Bifurcation can happen if one spouse moves to another state during the divorce settlement. If people use bifurcation during a divorce it can cost them more money, time away from their families, a lot of time in court, and more rules and regulations that they will have to follow. To keep from bifurcating a divorce couples would have to work out their issues out of the court room. A mediator can also help people from having to bifurcate.  In most cases people use bifurcation because they can not agree on a settlement that fits both of them. It puts more stress on the couples who are getting a divorce to divide it into two parts.

| Divorce | No Comments »