The process for a legal separation is essentially the same as for a divorce, but with the option for it to be reversed. Unlike divorced couples, legally separated couples can reconcile their differences in court, re-enter the marriage, and return to joint status. Below, we discuss the required steps for couples hoping to reverse a legal separation in the state of California.
The most important factor in reentering a marriage following
a separation is that both spouses agree on doing so. Ideally the couple will
have since resolved some or all of the major matters that initially lead to the
With your written Order of Legal Separation in hand, couples
can draft a motion to Vacate Order of Legal Separation. This document is
essentially the formal document needed to ask the court to review their
One a motion has been drafted, the court will require you to
draft an official Order to Vacate Order of Legal Separation. This is the second
step in confirming with the court that you wish to be remarried.
The final step is to file the Motion and Order to Vacate with the clerk of the family court where the
legal separation was initially filed. Be sure to include a copy of the original
Order of Legal Separation at the time of filing and keep in mind that there is
typically a filing fee due at the time of filing, which must be paid before the
motion will be accepted.
When married couples find themselves at a crossroads it’s often a choice between separation and divorce. What separates these legal processes can be confusing and most couples are often left with more questions than answers. In this month’s blog, we define and clearly distinguish the similarities and differences between filing for legal separation vs filing for divorce in California.
A legal separation is defined as an ordered agreement in
which married couples have legally defined boundaries and responsibilities.
This is often a three to four month process that couples take prior to filing
for an official divorce sometimes due to financial or religious reasons, or
because it was required by a judge. A separation can be reversed in court upon
all parties’ agreement in the decision.
Divorce is the irreversible legal dissolution of a marriage
in court. This process will take at least six months of hearings, negotiations,
and court ordered agreements before it will be finalized by a judge and made
It is not necessary for both spouses to agree to end a
marriage when separating or divorcing. In California, couples filing for these processes
also do not have to prove that there was a ‘fault’ by either spouse that lead
to the decision.
Throughout both of these processes couples will have to
agree on the terms of child custody and support, alimony, child visitation,
attorney’s fees, and the division of assets or property. So essentially, the
settlement agreement in a legal separation is almost identical to a divorce
The Major Differences
The main difference between legal separation and divorce is
that when a legal separation is finalized, the parties do not revert to “single
person” status. This is important to note for taxes and health insurance
reasons. Ultimately, the most notable difference between legal separation and
divorce is that divorce is final.
If you or someone you know is preparing for divorce or legal
separation in Southern California, it’s crucial that obtaining a lawyer comes first
and foremost. When choosing Family Law Richard E. Young & Associates as
your counsel you will benefit from decades of industry experience combined with
a reputation for honesty and success. Visit our website or call us today
at (949) 951-9529 for your free initial consultation.
this: it’s the holidays and everyone is ready for a vacation. People are
excited to take a load off and spend quality time with their loved ones. Maybe
they’ll take a road trip or go out-of-state for sight-seeing and new
experiences. However, this can be a difficult and tense subject to navigate
between divorced parents. Planning vacation time can come with its own set of
challenges especially when it involves a child custody agreement and limited
Scheduling Vacation Agreements
who are still working through the details of a child custody and parenting
plan, it’s important to clearly define vacation time between you and your
ex-partner. All parents want to spend time with their children and for
divorcees, having a coordinated vacation schedule will help prevent conflicts
by setting some ground rules.
Talk to your
ex-partner and clearly define what can and cannot be done. Here are a few
examples of what to agree upon:
agreeable vacation destinations, whether it be local, out of state, or out of
equal vacation days so your children can spend enough quality time with both
activities that the children will participate in during the vacation.
parents may choose to establish specific dates each year in which they can take
their children on vacation. Others may choose to have unspecified dates
instead, but are required to notify the other parent in advance of when they
plan to take their children on vacation. Regardless of what option you may
choose, it is important to be clear and communicative with each other.
Be Transparent with Each Other
vacation plans can be difficult and tedious but it’s important to prevent
conflicts. In order to be transparent with each other, some divorcees may opt
to put plans into writing to ensure each party is aware of the set guidelines. If
you decide to make any changes to your plans, remember to inform the other. If an
emergency were to happen on a vacation, it’s important for the other to be
aware of where you are and what you were doing. Understand that remaining
communicative with each other is the first step in overcoming conflicts in a
child custody agreement.
a vacation plan can be overwhelming, but by following agreed upon guidelines,
divorced parents can easily navigate and coordinate with each other while
spending quality time with their children. Here at Family Law Richard E. Young
& Associates, we help divorcees navigate confusing and tense child custody
agreements. If you have any questions or concerns, contact us at (949) 951-9529
or visit our website to learn more about our services.
The night was still young
as Chelsea started walking back from her friend’s house. The crisp breeze
pinched her skin as she paced through the dimly lit neighborhood. Chelsea confidently
strolled to her home, knowing she did this all the time. Looking at the
familiar street sign, she casually crossed the street to her loving home.
Oblivious to her surroundings, a boy from her school was following her every
move. Before she could step into her house, he approached her. Chelsea started
to shudder with fear because this was the fifth time he did this at night.
Immediately, she rushed inside her home before he could say anything to her.
Hearing the door slam, Chelsea’s parents ran toward their beloved daughter. Her
eyes spilled out with tears while she tried to explain what’s been happening to
her. Chelsea’s parents knew the step was to get a restraining order.
is a Restraining Order?
A court of law provides restraining
orders to keep two people apart. Whatever the motives behind them, a violation
of a restraining order carries large criminal consequences. Even if the
perpetrator is calling or texting the victim, this can be a misdemeanor. The
perpetrator can have possible jail time and a costly fine of $1000 for
violating the court order. The penalty can increase to $2000 if an injury
occurs. Besides, the most jail time for a violation is mandatory thirty days.
Consistent violations result in a felony or misdemeanor. Depending on the
severity and time between violations, fines and jail time can intensify for a
To be convicted of a
violation, the court needs to see three things. The first thing is that the
restraining order had to be intentionally broken. If the order was broke
accidentally, there could not be any conviction. The other factor is if the
perpetrator knew that they had a restraining order against them. In some
circumstances, the court can order a restraining order without the perpetrator even
knowing it. Lastly, if the perpetrator lives close by or works at the same
place as the victim, then the court order will be impossible to obey and not be
A restraining order can
seem complicated but can help people like Chelsea. Restraining orders are an
excellent way to protect you and your family. Yet, it is also good to know how
to be prosecuted for violating a court order. You deserve to have justice and
feel safe. Whether you have been a victim of stalking or unjustly accused of
breaking a restraining order, Family Law Richard E. Young & Associates can
fight for you. Our services include family law, trust law, bankruptcy law, and
more. Visit our website
for more information.
Dealing with legal issues on your own can be burdensome, but with
a professional family lawyer by your side, there’s less to worry about. A
family law attorney can handle your legal problems and represent you in the
court of law, if needed. Such issues include divorce, prenuptial agreements,
and other related matters. Furthermore, they can act as mediators if
disagreements between spouses and family members become complicated. Learn more
about what a family law attorney can do for you!
Divorce is difficult.
This not a happy time for couples because emotions can be high. Coming to an
agreement is hard to do, so this is usually when lawyers step in. They act as a
mediator between the couple and approach issues lawfully. It is in their best
interest to settle matters calmly and not have to go to court. When an
agreement is met, they move along the divorce swiftly by having the couple sign
paperwork and other legal documents.
Before a couple gets married, a prenuptial agreement is drafted to
identify each spouse’s property and assets in the event of a divorce. This
agreement can be drafted with or without a family law attorney present. However,
with help from an attorney, they can oversee the contract and confirm that the
legal information provided is agreed upon. Once both parties approve, the
document is signed and copied.
Child Custody Agreement
Figuring out an arrangement to care for children after a divorce or separation isn’t easy. There are many variables when it comes to the parent’s scheduling, travel distance, and so on. Sometimes, lawyers need to get involved because it can be a complex matter. A family law attorney will be there to find a resolution between the parents and have the best interest of the child(ren).
Family disputes can be complicated, but not when you have
the right lawyer alongside you. When you call Family Law Richard E.
Young Associates, you will be directed to a professional attorney within
our firm. We handle cases ranging from divorce to child support, so let us
resolve your family law issues today. CALL (949) 951-9529 NOW!