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Commonly Asked Questions about Separation and Property Settlement Forms

Legal separation allows couples to maintain certain financial benefits like health care coverage or tax filing status while undergoing separate lives. In contrast, divorce involves dividing assets and debts more permanently but can provide a fresh start financially.
A Separation Agreement is a document that two people in a marriage use to divide their assets and responsibilities while they are separated.
When creating your divorce settlement agreement, be sure to include the following details: Identification of the parties. Identification of all minor children of the marriage. Detailed division of property. Spousal support. Division of debts. Child custody and visitation. Clauses to Consider Adding.
The First 5 Things To Do When Separating Step 1: Select a Divorce Attorney. Step 2: Determine Grounds For Divorce. Step 3: Understand State Laws. Step 4: Financial Assessment. Step 5: Nurture Your Well-Being.
The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender. What Are My Rights to Property After Separation? | KMJ Solicitors kmjsolicitors.com rights-to-property-after-separa kmjsolicitors.com rights-to-property-after-separa
In a legal separation, you stay married but the court divides your property and debts and makes orders about financial support. If you have children together, you can also ask for orders about their care and support. You can ask the judge to make orders about: The division of your property.
Disadvantages of Legal Separation Since you are still legally married, you cannot marry someone else. If you meet a new partner and want to remarry, you will need to get divorced first. Even though you maintain separate residences, your finances might still be tangled.
Ending a legal separation in California involves creating a motion to vacate the courts order of legal separation. You must follow the court rules for filing the motion, serve the other party, and state in court documents that you no longer wish for the legal separation to be in effect.