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Separating from your spouse means making big decisions about what you own and owe, support, and, if you have children, a parenting plan.
You don’t have to sort it all out at once. A legal separation in Manhattan Beach puts your arrangements in a court order while you stay married, and you can still divorce later. If you want clear, enforceable terms but don’t want to end the marriage now, it may be the right fit.
At Rombro & Manley LLP, our attorneys can help you understand each of these decisions, whether you’re starting a separation or responding to one. S. Roger Rombro and Melinda A. Manley have decades of experience, and both are certified family law specialists through the State Bar of California Board of Legal Specialization. The Los Angeles Superior Court has also appointed Mr. Rombro to mediate family cases.
A first conversation can cover your goals for your family, your finances, and how long you’ve lived in California. Our Certified Manhattan Beach family law attorneys can then explain what separation or divorce may mean for you. If you’d like to get started, you can schedule an initial consultation.
Like a divorce, a legal separation lets a judge divide your shared property and debts, set a parenting schedule, and order child and spousal support. The difference is that you stay married, so neither of you can remarry. If it helps to see the two side by side, our separation vs. divorce guide walks through both.
Every couple’s reasons are their own, but a few come up often.
Health coverage deserves a closer look. While your case is open, neither of you can cancel the other’s coverage. After that, your spouse’s plan decides whether you stay on it, and some plans drop a separated spouse. If yours does, federal COBRA rules usually let you keep the same coverage for up to 36 months at your own cost.
If coverage is part of your decision, it’s natural to want clear answers before you move forward. Before becoming a lawyer, Melinda A. Manley was director of human resources for a national publishing company, which gave Ms. Manley a view of the employer’s side of workplace matters. That background can help when explaining how health coverage may be affected by a separation or divorce.
Manhattan Beach cases go to the Los Angeles County Superior Court and are heard at the Torrance Courthouse on Maple Avenue. The same courthouse serves Hermosa Beach, Redondo Beach, and the Palos Verdes cities.
Plenty of separations never reach a courtroom fight. The spouses work out the terms, and the judge signs off on them.
If you’d rather settle than go to trial, Ms. Manley can help. Since 2015, she has served as a settlement officer for family cases in the court district that includes Torrance, helping spouses find terms they both accept.
A divorce can go ahead even if your spouse objects, but a legal separation can’t. Under Family Code § 2345, a judge can grant one only if you both agree, or if your spouse never responds. If your spouse asks for a divorce instead, the case will usually proceed as one.
Residency rules differ too. To divorce, one of you needs 6 months in California and 3 in your county. A legal separation has no such rule. If you’re new here, Family Code § 2321 lets you file for separation now, ask for temporary support and parenting orders, and switch to a divorce once you qualify.
It can be. A divorce can’t become final until at least 6 months after your spouse is served or responds. A legal separation has no waiting period, so a judge can enter it as soon as your terms and paperwork are done.
Yes. A separation judgment doesn’t stop either of you from filing for divorce down the road. Property you divided in the separation usually stays divided, so the divorce often has much less left to decide.
Support ordered in a separation judgment can be enforced like any divorce order, including through contempt. S. Roger Rombro wrote “Contempt Demystified” for the State Bar of California’s Family Law News, so he can help explain how contempt works and when it may apply.
Not always. If your arrangement is simple, the court’s standard forms may be enough. If it involves a house, retirement accounts, or a business, a lawyer’s review is worth it, because a mistake there can carry into a divorce.
If your question isn’t here, send it through our contact form, and we’ll talk it through at your initial consultation.
You don’t need to have decided between separation and divorce before reaching out. Many people come to us still weighing both. Bring whatever you have, such as a pay stub, a mortgage statement, or your benefit plan papers, and we’ll start from there. Schedule your initial consultation with Rombro & Manley LLP when you’re ready.
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.
Although we provide the breadth of family law services offered by a large law firm, we are committed to handling each case with the care and personal attention offered by a small firm.
To schedule your initial consultation with an experienced California attorney, contact us online or by phone at 310-545-1900.
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