Fadem & Associates, APC is a Certified Family Law Specialist

Our Law Firm Is Dedicated To Defending Your Rights

In California, a Legal Separation is a distinct legal process that offers an alternative to a traditional divorce (Dissolution of Marriage). While both processes address similar issues, the requirements and final outcomes differ significantly.

At The Law Offices of Fadem & Associates, APC, our attorneys and staff act as your dedicated advocates. Whether you are at the very beginning of your journey or need us to step into an ongoing case, we provide the steady guidance necessary to handle your family law rights to completion. Our team can provide you with the knowledge and law that you need in order to make an informed decision.

Legal Separation can be preferred for a variety of personal, financial, or religious reasons. Unlike a divorce, a Legal Separation does not terminate your marital status. This means you remain legally married while living separate lives under a court-ordered framework, which includes division of assets and debts.

Key Differences:

  • No Residency Requirement: To file for a divorce, at least one spouse must have lived in California for six months and in their specific county for three months. Legal Separation has no residency waiting period, making it an immediate option for those new to the state.
  • Immediate Judgments: Unlike a divorce, which requires a mandatory six-month waiting period from the date of service before a status can be terminated, a Judgment of Legal Separation can often be entered sooner.
  • Preservation of Benefits: Because the marital status remains intact, a Legal Separation may allow parties to maintain certain Social Security benefits or health insurance coverage that would otherwise be terminated by a divorce.
  • Future Conversion: If your circumstances change, a Legal Separation can be converted into a Dissolution of Marriage once residency requirements are met.

The Legal Process

The procedure for a Legal Separation is very similar to a divorce. You file a “Petition for Dissolution or Legal Separation” in Family Court, but you specifically check the box for Legal Separation.

Even though you remain “married,” the court will still issue formal orders regarding the same critical issues found in a divorce case, including:

  • Custody & Visitation: Establishing a parenting plan that serves the best interests of the children.
  • Child & Spousal Support: Determining financial obligations to ensure stability for all parties.
  • Division of Assets and Debts: Characterizing and dividing community property and liabilities.

Is Legal Separation the right choice for your family? It just takes a call to find out.

Your issue may be time sensitive, please contact our Law Firm to set-up your Initial Consultation.

Please read the FAQs’ prior to your Initial Consultation.

We practice in all California Counties. In addition, Our Attorneys represents clients throughout California, the United States, and foreign countries with regard to Hague Matters.

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CLIENT TESTIMONIALS

Professional and Skilled. Great Law Office! Mr. BJ Fadem is a knowledgeable and skilled attorney with great experience. Thank you!
Larry

Mr Fadem is extremely knowledgeable of the laws. Felt he was very in tuned to my needs and fought those. Would definitely would use again. HIGHLY RECOMMEND

Sharon

I have worked with Mr. Fadem on many occasions and he is as intelligent, professional, and dedicated as they come. His knowledge of family law is outstanding and I refer him to anyone who needs a specialized and highly skilled family law attorney.

Emily

The reason I return time and time again is knowledgeable employees and the respect I am treated with. I also think that the noncondensending matter in which I was treated was a prime factor.

Claude