Separation & Divorce

Most Common Questions on Divorce and Legal Separation?

Have questions about Separation & Divorce?   These are the most common questions that we get from our clients:

What couples typically obtain a Legal Separation?

Couples choose a legal separation over a divorce for many reasons.   There are three common reasons for seeking a legal separation instead of a divorce.   First, couples are no sure if they are ready for a divorce or still seeking reconciliation may choose a legal separation.   Second, couples who have religious or cultural beliefs against a divorce may choose a legal separation.   Third, parties who wish to continue on the other spouse’s health insurance plan may choose a legal separation. 

Are you a Legal Separation Sacramento Law Firm?

Yes, our firm does legal separations, as well as nullity of marriages.   Although the most common type of case that we handle is a dissolution of marriage also known as a divorce.

How Can I Plan for a Divorce and Legal Separation?

There’s not much that you can do financially to plan for a divorce or legal separation.   The planning typically is done prior to the marriage or partnership through a premarital agreement.   If you are at the tail end of your marriage, then the most important thing to get a broad support network to help you through the process of a dissolution of marriage.   And, when you’re ready an experienced attorney can help – too.

How Long Will My Legal Separation Take?

There are no minimum time frames in California for a legal separation.  This means that it feasibly can be done within a few weeks.

How Long Will My Sacramento Divorce and Legal Separation Take?

The legislature has set a 6-month minimum on the time it takes to get divorced in California.  This 6 month waiting limit starts ticking at the date of service, not at the date that you file.  Additionally, it’s important to remember the 6-month minimum is only a floor on getting the divorce completed.    The time to complete your case can be extended if there are children involved, property division disputes, support issues or other contested issues.

My Ex Says He Will Not “Sign for” Our Divorce and Legal Separation, Can I Still Get Divorced?

If one party wants to get Divorce and Legal Separation in California, you will get divorced.   Typically, “not signing” means that your ex will not sign the documents to get served.   If this happens, our office typically hires a process server to serve your ex.   Not “signing” can also mean that your ex will not sign the marital settlement agreement.  If your ex will not sign the settlement agreement, our firm will file papers to get you the soonest available Court date.

When Is the Best Time to File for Divorce and Legal Separation?

It’s our firm philosophy that there’s never a good time for bad news.   Typically, litigants want to delay the filing or service of a divorce or legal separation petition delay for holidays, birthdates, special dates.   We recommend not delaying and being upfront and honest with your ex.

How Do You Serve Divorce and Legal Separation Papers?

We try to be as respectful as possible with the service of Divorce and Legal Separation paperwork.   We typically try to have our process server contractors reach out to the other side as respectfully and discretely as possible.  However, if the other side is evasive, non-responsive or will contest it we will have our process servers diligently attempt to serve.

I Have Not Seen My Ex in 1-2 Years, can I still get Divorced / How Do I Serve by Publication / Posting?

You can still get divorced if you have not seen your ex in several years.  Typically, the Court will want to see that you’ve diligently attempted to find your ex.  This means that you’ve scoured the internet, called his relatives, called friends, called former employers and made other diligent efforts.     Sometimes, diligent efforts will also mean hiring a private investigator or using an online database.  If after you’ve made these diligent efforts you are still not able to find your ex for personal service, then you may apply and obtain permission to serve by publication or posting.

How Much Is the Filing Fee for a Divorce and Legal Separation?

The filing fee is $435.

What is Summary Dissolution

Summary dissolution is a process of obtaining a divorce where both parties have a relatively short term marriage, limited property and no children.   For low-asset cases, it is a viable option.

I Filed a Divorce and Legal Separation and I want to re-start my relationship with my ex.

You can dismiss your divorce & legal separation petition at any time if the parties have worked things out and no longer wish to be part of the Divorce & Legal Separation Process.

What Financial Information Do I have to Disclose to My Ex?

You are going to have to disclose a full financial picture to your ex in a Divorce & Legal Separation.   This will mean that you will have to give your ex a full picture of how much you are making, how much property you have, your tax returns and a statement of material facts and information.