For clients in Sacramento, Placer, and El Dorado counties, a legal separation can be a powerful alternative to divorce. At Scharf Law, P.C., we provide clear guidance on this process, helping you understand your rights and options.
A legal separation allows parties to remain legally married while living separate lives. Unlike a divorce, a legal separation does not terminate the marriage.
However, it achieves the same legal clarity on all other critical issues. A formal Judgment of Legal Separation will resolve:
Child Custody and Visitation
Child Support
Spousal Support
Property and Debt Division
“This information provides a general overview of the legal separation process and is not legal advice. For guidance specific to your situation, schedule a consultation with Managing Attorney, Taryn Scharf.”
Begin the process by submitting the required legal separation documents to the court.
Ensure all required parties receive copies of the filed documents according to legal requirements.
Exchange financial and relevant personal information as required by law.
Address matters such as property division, custody arrangements, and support agreements.
Issues such as child custody, child support, spousal support, property division, and attorney’s fees may need to be resolved during the legal separation process. These matters can be addressed through agreements between the parties or requests for court orders.
Both parties are required to serve preliminary and final declarations of disclosure, detailing all assets and liabilities, unless waived under specific conditions.
The petitioner must have a non-party member to the case properly serve the Opposing Party or “Respondent,” with the filed documentation. The respondent must respond within 30 days of being served or the petitioner may proceed by default.
The legal separation process is initiated by the filing of a petition for legal separation. The documents must include specific details such as the date of marriage, date of separation, duration of the marriage, number and details of any children, and other relevant information. The party who filed the petition is known as the “Petitioner.”
Managing attorney Taryn Scharf has dedicated Scharf Law to helping clients achieve the best possible outcome for their individual situations.
