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Reversing a Legal Separation

September 10, 2021 / / 0 Comments

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.

Step 1

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 separation.

Step 2

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 request.

Step 3

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.

Step 4

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.

Final Thoughts

Southern California residents seeking to reverse their legal separation can trust that Richard E. Young Family & Associates will get the job done as quickly and thoroughly as possible. We will help you legally resolve any and all issues in family court including custody, child and spousal support, property division, separate and community property characterizations and disputes, business valuations and division and more!

Legal Separation vs. Divorce

August 30, 2021 / / 0 Comments

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.

Definitions

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 permanent.

The Similarities

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 settlement agreement.

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.

Final Thoughts

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.

How to Get Your Restraining Order

March 18, 2021 / / 0 Comments

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.

What 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 perpetrator.

Prosecution

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 granted conviction.

Conclusion

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.

Three Disputes Your Family Law Attorney Can Help With

February 26, 2021 / / 0 Comments

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 Issues

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.

Prenuptial Agreement

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).

Conclusion

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!

Annulments vs. Divorce

July 30, 2020 / / 0 Comments

While most people know what a divorce is, an annulment is a less commonly known term that describes a similar legal process. In this month’s blog post we will explore the major differences between the two and exactly what should be understood about them before seeking representation and beginning their official legal processes.

Annulments

Those who are hoping to be granted an annulment have to meet a certain criteria, otherwise by default they will have to instead file for a divorce. In order to qualify for an annulment both parties have to agree that the marriage wasn’t ever legal or legitimate in the first place. Couples who have been granted an annulment move forward as if their marriage never existed.

Divorce

When a couple files for a divorce, it’s typically after an extended amount of time has passed since the marriage began and both parties have decided to part ways for any number of reasons. In a divorce both people have to agree on the fact that their marriage was always a legitimate union, however they also agree that it should not continue any further.

Conclusion

At the end of the day, both a divorce and an annulment effectively end a marriage. Some consider annulments much simpler processes because couples don’t have to go to court to divide their estates, pay alimony, or child support. If you or someone you know is seeking a highly skilled family lawyer who specializes in divorce and annulments, visit our website here.

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