Legal Separation Attorneys in Los Angeles, CA
At Zitser Family Law Group, we understand that a traditional divorce is not always the answer, and our goal is to help you choose the right path. A legal separation is sometimes easier on the parties involved, and it may be the best option if there is a personal conviction, or for religious purposes. You will still be required to address many of the same matters that a divorcing couple would, which makes the process easier if you do decide to choose divorce in the future. No matter your choice, you must ensure your rights are protected with the guidance of an experienced legal separation attorney. Attorney Zitser and her experienced legal team have proudly represented clients in Los Angeles for over 20 years. Contact our office today to learn more about how we can help you. Our Los Angeles legal separation lawyers are senior attorneys with many years of experience.
The Benefits of Legal Separation
Navigating marital challenges can be complex, especially for affluent and high-net-worth couples. While divorce may sometimes seem like the only option, legal separation can offer a valuable alternative to provide structure, protection, and flexibility during a challenging time. Our skilled Los Angeles legal separation lawyers can guide you through the process while protecting your interests and rights.
Maintaining Certain Legal Benefits of Marriage
Legal separation allows you to remain married despite wanting to live separate lives. Under this designation, you can enjoy the legal benefits associated with marriage. These benefits can be crucial for long-term planning and financial security, especially for couples with complex estate plans. Benefits that can continue include:
- Health insurance coverage. Spouses often qualify for employer-sponsored health insurance plans. You can often remain on your spouse’s health insurance plan after you legally separate, ensuring you maintain your access to quality healthcare.
- Inheritance rights. Under intestate laws, you can inherit from your spouse when they pass away. Legal separation can preserve your inheritance rights, guaranteeing a layer of financial security for your future.
- Social security benefits. You can sometimes be eligible for spousal benefits based on the former spouse’s Social Security earning history. Legal separation can allow you to possibly maintain eligibility for these benefits.
Financial Control and Asset Protection
A formal separation agreement safeguards your future. It outlines your division of assets and debts, spousal support, child custody, and visitation arrangements. A structured approach can provide several advantages, such as clarity, fairness, protection of your separate property, and debt management.
These agreements can clearly define each spouse’s financial obligations and entitlements, minimizing the risk of future disputes to ensure a fair and equitable separation. Additionally, the agreement can protect your assets, such as premarital inheritances or business interests, and assign responsibility for the existing marital debts, preventing an unfair burden on the other spouse.
Privacy and Flexibility
Legal separation can offer greater privacy compared to public divorce proceedings. This can be desirable for high-profile couples who wish to maintain discretion. Legal separation can function as a trial separation, allowing you and your spouse to live apart while legally remaining married. This timing can provide valuable time to assess your situation and determine if reconciliation is possible.
Additionally, unlike a formal divorce, legal separation can open the door for reconciliation for you and your spouse if you decide to rekindle your marriage.
How Zitser Family Law Group, APC, Can Handle Your Legal Separation
Residents of Los Angeles trust us to be their advisors, especially those navigating legal separation. Our attorneys possess experience handling complex financial issues regarding legal separations. When you work with us, we can:
- Meticulously value and divide your assets. Our team can work closely with qualified financial professionals to accurately assess your investment portfolio, real estate holdings, business interests, and other complex assets.
- Draft your separation agreement. Your attorney can craft a tailored separation agreement to address all essential aspects of your separation.
- Help you achieve a favorable outcome. Our skilled negotiators can advocate for your interests throughout negotiations, ensuring your separation reflects your financial objectives.
- Work to minimize potential tax burdens. We can collaborate with tax advisors to develop efficient strategies for structuring financial arrangements and minimize the potential tax consequences of your legal separation.
Whether you are considering legal separation as a temporary measure or a long-term decision, Zitser Family Law Group, APC, can guide you through the process with discretion and a commitment to protecting your financial future.
Utilizing Outside Professionals
Some complex cases require particular information that we cannot readily provide. While we likely can get you the answers you need if given the time, we never want to waste our clients’ time or money. When we must involve financial professionals like forensic accountants, business valuators, or tax officials, we can seek out invaluable data to strengthen our negotiation position.
By leveraging the experience and knowledge of these professionals, we can become better equipped to negotiate for the outcome that reflects your needs and interests.
The Legal Separation Process
Legal separations are popular amongst people who no longer want to be married to their spouse, but still want the legal benefits of marriage, whether for tax purposes, healthcare, or religious reasons. For a legal separation, our office pursues a court order that details the rights and responsibilities of both parties during the period of separation. The process is similar to a divorce, but the marriage is not terminated in the eyes of the law. Possible issues that need to be resolved may include:
- Control and division of assets and debts
- Treatment of the family home
- Management and operation of the family business
- Child support
- Spousal support
- Custody/visitation
Just like a divorce, a couple who wishes to legally separate can resolve outstanding matters in many different ways. Many people choose to remain out of court and decide on outstanding matters through methods of alternative dispute resolution, such as mediation. If there was a prenuptial agreement in place prior to the marriage, the process of handling any of these outstanding decisions can be quite simple. Regardless, you must ensure you have strong legal representation on your side. Zitser Family Law Group is here to help.
FAQs
Q: How Much Does It Cost to Get a Legal Separation in California?
A: The cost of a legal separation in California is generally lower than that of a traditional divorce because it involves lower stakes than a divorce. However, the overall cost can vary significantly depending on the case’s complexity.
You can try to lower the costs of your legal separation. Mediation can be a cost-effective approach to resolving your issues while saving money by avoiding litigation. Mediation can be a vital asset when you need to work through disagreements without spending months to prepare for litigation.
Q: How Do I File for Legal Separation in LA?
A: Filing for legal separation in Los Angeles can be similar to filing for divorce. If you seek a legal separation, you must petition the court, go through a discovery phase, and perform many necessary steps to make your separation legal. While some steps can seem daunting, a skilled family law attorney can guide you through the process and ensure you get your desired results.
Q: How Long Does It Take to Get Legally Separated in California?
A: The time it takes to get legally separated in California depends on the case’s complexity and the court’s possible backlog. Uncontested legal separations are typically much faster than contested cases, and you can save time and money with the help of mediation. Contested legal separations can drag on and cause strained situations to become worse.
Q: What Are the Advantages of a Legal Separation?
A: There are many advantages to a legal separation. Legal separation gives spouses some of the same benefits as divorce, such as separate finances and living arrangements, but they stay married. This status can have tax implications and may impact your eligibility for certain benefits. Additionally, if you intend to try reconciliation, legal separation can provide a waiting period before filing for divorce to give each partner time away from each other.
Contact Zitser Family Law Group
If you are considering legal separation or divorce, you need a legal team that will fight to protect your future. Regardless of whether you have already made your decision, the Zitser Family Law Group is ready to serve. Even if you ultimately decide to file for divorce, having a structured separation with an accompanying agreement filed with the court may make the divorce process easier in the event such a decision is made. Our office’s familiarity with the treatment of such legal separation agreements by family law courts is something we value. A poorly prepared separation agreement may make a future divorce a more complicated and unsettling process. Contact our office today to set up an initial consultation so we can determine whether legal separation is the best avenue for you.
