Separation Agreements
The divorce process in California can be easier if the spouses negotiate a separation agreement. They can avoid the cost and time of a contested divorce. Our experienced Los Angeles legal separation lawyers are skilled negotiators who will fight to protect your best interests and achieve the outcome you deserve.
The team at Berenji & Associates has more than two decades of experience in family law. Our law firm and Los Angeles divorce lawyers have been recognized by Super Lawyers and The National Trial Lawyers Top 100.
Look no further than our law firm when you need trusted legal advice about a separation agreement or other family law matters in Los Angeles, CA. Contact us to schedule a consultation at (310) 271-6290. with one of our experienced family law attorneys.
How Our Los Angeles Family Law Attorneys Can Help You Negotiate a Fair Separation Agreement
Resolving your differences through mediation and negotiation can produce a better separation agreement than arguing the case before a judge. However, you need an experienced California divorce lawyer to represent you throughout the process. An attorney will ensure that you are not taken advantage of by your spouse or their divorce attorney.
The attorneys at Berenji & Associates have a 5-star rating with Google Business Reviews and Yelp. Avvo has awarded the firm the Avvo Clients’ Choice award.
When you hire our award-winning legal team to help you with a separation agreement, you can expect us to:
- Explain the process of negotiating a separation agreement and how it can benefit you
- Gather evidence to support your position regarding issues included in the agreement
- Aggressively represent you during the negotiations to protect your best interests
- Work with you to develop an agreement that protects your children’s best interests
- Objectively provide sound advice, including the need to file a lawsuit and proceed to court
We try to make the divorce process as stress-free and simple as possible for you. However, we do not shy away from taking cases to trial when necessary. Our Los Angeles divorce attorneys have extensive experience handling the most complicated divorce and separation cases.
Call us today to schedule your initial consultation with an experienced legal separation attorney in Los Angeles, California.
What Is a Separation Agreement?
A separation agreement is a voluntary agreement between spouses. You can enter a separation agreement at any time during divorce proceedings.
You can resolve all issues you would address in the divorce through a negotiated separation agreement.
Examples of issues addressed in a separation agreement include:
- Property division (California is a community property state)
- Alimony or spousal support
- Child custody and parenting plans
- Division of marital debts
- Financial support for children (California has child support guidelines)
- Maintaining the standard of living enjoyed during the marriage
- Life insurance and inheritances
A separation agreement that addresses all divorce issues can avoid the need to argue the matters in court. Both parties benefit when they compromise to resolve issues to reach a fair agreement.
Are There Limitations Regarding Separation Agreements Related to Children?
California uses child support guidelines to determine the amount of financial support each parent should pay. However, judges have the discretion to deviate from the guidelines for good cause. Therefore, if the child support agreement you and your spouse negotiate is fair given the child support guidelines, the judge can approve the agreement.
Child custody matters in California are based on the best interests of the children. Judges must consider specific factors when deciding what is in a child’s best interest.
Therefore, the judge will carefully review the proposed child custody arrangement in your separation agreement. If the judge believes it is not in a child’s best interest, they might modify the terms of the agreement.
Is a Separation Agreement a Court Order in California?
A separation agreement does not finalize your divorce. You are still married. The agreement only resolves issues related to your divorce.
Some spouses might not be ready to file for divorce, but they do not want to live together. Therefore, they file for a legal separation. There are many benefits of legally separating with a negotiated separation agreement.
For the parties to be legally separated, one of the spouses must petition the family court for an order granting the legal separation. Because California is a no-fault divorce state, either spouse can claim irreconcilable differences as the reason for the legal separation.
When you file for legal separation, you submit your separation agreement to the court for approval. If no issues are to be resolved and the agreement does not contain terms that are against your child’s best interest, the judge should sign an order for legal separation incorporating the separation agreement. You are legally separated, and the separation agreement is binding on both spouses.
Schedule a Consultation With Our Los Angeles Family Lawyers To Discuss a Separation Agreement
Do you have questions about separations and divorces in California? If so, contact our office to speak with a Los Angeles divorce attorney.