Encino Divorce Attorney says Separation Decision Requires Careful Thought As It Can Effect Divorce

July 3, 2010 - PRLog -- In these difficult economic times many who can't see their way to continue in a marrige are attempting to wade into these deep legal waters without a lawyer.  Of all the legal processes one might encounter today, divorce is one of the most painful, stressful, emotionally debilitating and dehumanizing experiences possible.  Anxiety, financial worries and fear commonly cast a dark cloud over the future days and you and your family's  future.  Family businesses can be effected, as well as retirement plans, and college savings.

Sound legal advice from a divorce lawyer can help to stem those emotions and provide hope in their place.  Working together with a settlement-oriented attorney often helps to establish an atmosphere of mutual respect and cooperation with the other side. Commonly both sides will discover win-win solutions that preserves everyone's net worth and dignity, so that both can move on to successful lives after divorce.

Many people assume that the first step is the filing of a Legal Separation, or a Petition for Dissolution, but Encino Divorce attorney, Michele Cobin Friedlander says:  "These are two different things, each having vastly different legal consequences.

"A separation may be one of several different arrangements.  For instance a trial separation is a period of time when one spouse moves out of the home while the couple tries out a period of separation.  The goal is a cooling off period to determine if this is what they really want.  A trial separation can be anything from a period of time in which one party is sleeping on a friend’s couch to a  more formalized approach, where the party who leaves rents an apartment, buys furniture, and starts a separate life."
 
When couples are discussing a trial separation, and aren’t sure whether they really want to end your marriage, it is commonly best to draft an informal separation agreement that covers some of the issues that will arise during this period of time.  Friedlander explains: " For example, you will need to decide if you and your spouse will continue to keep your money in a joint bank account, or if you will open separate accounts.  You will also need to decide if your paychecks will go into your separate accounts, or the joint account.  Then you will need to determine who will pay for community debts, like the mortgage, credit card bills, and household expenses.  If you own a house, and one spouse moves out of it but continues to make payments on the mortgage, will the spouse making the payments be entitled to reimbursements or credits for those payments?  Additionally, if there are children involved, it will be necessary to determine a schedule of custody and visitation, and to determine who will be responsible for what costs for childcare and other child-related expenses."
 
A separation agreement that covers these issues at the outset is a good idea because it spells out each party’s rights and obligations, and reduces the areas of conflict between the husband and wife during a period of time when there is already a great deal of conflict.  Further, if it turns out that the separation becomes permanent, or continues into a divorce, there is a starting point for a permanent agreement on these issues.
 
On the other hand, a permanent separation is when you are living apart from your spouse with no intention of reconciling the marriage, but for some reason, the parties have decided not to divorce.  Friedlander points out, "These reasons might be religious, cultural, or because one spouse wants to keep the other spouse on an insurance plan, which would be discontinued in the event of a divorce."
 
When a couple decides on a permanent separation, it is important to determine the date that this occurred, because it has legal significance.  It may be the date that one party moved out, which is easily determined, or it may be more elusive, as in the case of a trial separation that has become permanent over the passage of time.  The date of separation may simply be the date that one party in a trial separation decides that he or she is done with the marriage, and does not want to try and work things out. "Whatever the precipitating event is, the date of separation is important, exclaims Fridlander, "because after that date, a party’s income and debts incurred from that date forward become the separate property of that party.  So if, after the date of separation, one party wins the lottery, or runs into a bus filled with nuns and orphans, that income or liability become that party’s separate property or debt."
 
A legal separation is similar to a divorce in that a formal document is filed with the court, which can make orders dividing marital property, granting spousal and child support, and making determinations about child custody, but it is different from a divorce because the parties are still married.  Neither party can remarry after the conclusion of a legal separation, and you would still need to divorce if you wanted to marry again.  A legal separation may be the route you choose if you don’t yet meet the residency requirements within the state or county, but you want to formalize the separation of property and assets.  There is also no six-month waiting period after the filing of a legal separation as there is in a divorce.  If it is important to obtain a judgment in less than the six-month period that defines the parties’ legal rights and obligations, such as for tax filing purposes, or if you anticipate that your spouse is going to be sued and you want to protect your separate assets, then you might consider an action for legal separation.  Michele Cobin Friedlander is the founder of Friedlander legal at http://www.Friedlanderlegal.com.

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Michele Cobin Friedlander is a working mom, and a small business owner, making her uniquely qualified to understand the needs of all kinds of families and small businesses. She has also been an aggressive litigator for the last thirteen years, and is dedicated to achieving your goals, with cost-effective strategies and a commitment to excellence.


Our office is located in the heart of Encino, which allows us to easily and efficiently represent clients in Los Angeles, Orange, Ventura, Riverside and San Bernardino counties.

http://www.friedlanderlegal.com or http://www.encinofamilylaw.com