June 02, 2020

Fontana Separation Lawyer

Making a marriage separation legal is essential for ensuring that a potential divorce proceeding goes as smoothly as possible later. Get help with your legal separation by working with a Fontana separation lawyer.

Entering into a legal separation can protect both your rights and your finances while you and your spouse are living separately. Working with Fontana separation lawyer, Laurence J. Brock will ensure that you remain in a strong position during the separation, while preparing for the possibility of divorce.

Benefits of Legal Separation

If you and your spouse agree that you need time apart, this does not make you legally separated. This is because you will both still have equal rights and access to all of your assets, properties, children, and each other. To prevent this, you must legally separate in the eyes of the law.

A Fontana separation lawyer can help you make your marriage separation legal, and afterward, all of the following will apply:

  • You and your spouse will not be bound to each other through any new financial agreements either undertakes. This means that if your spouse decides to purchase a new car, truck, or boat, you will not be liable for the loan. If he or she runs up the credit cards, you will not be responsible for these new charges.
  • Contracts will be separate. This can be critical when either one or both of you own a business or invests in businesses. During the marriage, anything one person signs is also binding for the other. Once you are legally separated, all new contracts will not be binding on the other spouse.
  • The time of separation is set. The courts will look at how long you have been married when making decisions regarding alimony and the division of some assets. If you separate without making it legal, there may be a debate about when the actual separation occurred, and you could pay more in spousal support and lose more property as a result.

Pitfalls to Watch for During a Marriage Separation

When one spouse views the separation as temporary and the other as permanent, there can be conflict. In this situation, it is more important than ever to hire a Fontana separation lawyer to protect your rights. You must assume that the separation will become permanent and approach all agreements from that perspective.

For example, you need to establish a custody arrangement that you would be comfortable with until your children turn eighteen—not just one that’s good enough for the next six months. A family court judge is more likely to certify the status quo when it comes to children, so arguing for an entirely different arrangement months or years later can be challenging.

You must be equally diligent when separating your finances and assets. If you do not reconcile, would you want to pay most of the debt or give up a lot of your assets? This is an emotional time, and working with a family law attorney can help you find clarity during it.

Switching from Separation to Divorce

Once you are legally separated, you can transition to a divorce proceeding at any time. Since financial, property, and custody issues are typically resolved during a legal separation, this next step becomes much easier than beginning a divorce from scratch. While there is still an opportunity to go to trial and contest certain provisions, this is rare.

Instead, your Fontana separation lawyer can draw up the paperwork to end the marriage and file it with the court. You will have a hearing to finalize everything, but it can happen relatively quickly and there is no set waiting period.

Speak with a Fontana Marriage Separation Lawyer

Legally separate from your spouse to protect your assets, future, and custody rights. You can receive help today by completing the contact form below or by calling 909-466-7661 to speak with the Law Office of Laurence J. Brock.

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