May 24, 2020

Rialto Separation Lawyer

If you aren’t yet ready to divorce but think it’s a real possibility, it would be wise to consider a legal separation in the interim. Find out what your next step should be by speaking with a Rialto separation lawyer.

Choosing to get a divorce is a difficult decision to make, and for those who are undecided, a legal separation becomes a good option to buy more time to fully consider your options and feelings.

It is important to note that choosing to live in different homes is not the same as legally separating. For that, you need to go to court. Hiring a Rialto separation lawyer from the Law Office of Laurence J. Brock can ensure that your rights are protected when you do.

Why Legal Separation Is Important

Without becoming legally separated, you still have the same rights as a married couple and the same risks as a married couple. In the eyes of the court, nothing has technically changed, even if you are not sharing a residence. There are several potential problems with this situation:

  • The Clock Will Keep Ticking – How long you are married can influence the amount of money you receive or pay in spousal support. Without becoming legally separated, the years will keep adding up, and you could end up paying more if you do eventually divorce.
  • You Can Bind Each Other Legally and Contractually – When a married person enters into a contract for business purposes, to secure credit, or any other reason, the spouse is also bound by that contract. This means that your spouse could buy a car, open a $10,000 credit card, or even sign a risky business contract and you would be liable for these in the divorce.
  • You Have Equal Access to Each Other’s Bank Accounts and Finances – Without a legal separation, you can access each other’s funds just like before. This puts you at risk financially.

By hiring a Rialto legal separation lawyer to make your separation official, you can protect yourself financially and legally by ensuring that you cannot bind each other or access each other’s funds.

Custody Considerations When Separating

Many couples create an informal and flexible child custody arrangement when separating. This can backfire as emotions become heated and people change their mind. To prevent your kids from becoming stuck in the middle, it is best to formalize any custody arrangements as part of the separation process.

If you are unsure of what you want the custody schedule to look like, your Rialto separation lawyer can provide you with suggestions. A proposal will need to be made to the court, and if both parties agree, it will be certified. If the custody schedule is already contested, a judge will determine how to split residential time during the separation, but both parents are likely to maintain joint legal custody.

The benefit of resolving this now is that it creates stability for your children, and if you do get divorced, a judge is likely to keep the status quo for their sake.

What Happens Next Is up to You

Filing for a legal separation with the help of a Rialto separation lawyer does not mean that you must divorce. You can continue to work on your relationship and if you reconcile, the separation can be voided.

If, however, you decide to permanently end the marriage, everything approved in your separation can easily be transferred to the divorce, leaving fewer issues to work out during the final stages.

Call a Rialto Legal Separation Lawyer

Protecting your future begins with hiring an experienced attorney to represent you. For help with your legal separation, call the Law Office of Laurence J. Brock at 909-466-7661 or reach us using the form below. Explore your options by scheduling a free consultation with a Rialto separation lawyer today.

Start live chat with our team?