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What Rights Are Offered to You During a Legal Separation?

wpadmin August 31, 2018

legal separationWhat is a legal separation, first of all? This is a legal proceeding that is very similar to divorce but also very different in a variety of ways. A married couple decides to ask the court to allow them to live separately and apart and end any marital obligations that they have between one another. The couple, unlike a divorce, is still technically married when they separate. This means that if remarrying is in their future, they will not be able to do so until they receive an actual divorce.

The Rights You Have 

Because legal separation is not as heard of as often as divorce, you might not know what rights you have if you decide to go through with one. Many of the same matters will usually be covered if you decide to go to court such as child support, alimony, and property division. However, you will not be able to remarry, as mentioned. Here are some of the common issues that come up in court for those who are considering separation:

  • Whether or not temporary alimony applies
  • How much should be paid in child support
  • Rights to the family home
  • Which debts each spouse must pay

Many spouses choose legal separation today. This could be due to the fact that their religion states that they should not receive a divorce, or if they are taking a cooling off period away from one another. Many people could just walk away from the marriage for a short period of time, but legal separation puts your separation on the books so that you can hold the other spouse accountable. For instance, with a separation order in place, the judge can tell if your spouse is in violation when it comes to matters like alimony or child support. This is why it is a good idea to bring your case to court.

When it comes to a legal separation, many people might assume that the process is easy and that they don’t need the help of an attorney. This is not true. You should have legal counsel on your side for a variety of reasons when it comes to these matters. Call us to retain your rights and so that we can discuss your steps moving forward. We are waiting to hear from you.

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The Law Office Of Soheila Azizi & Associates, P.C.

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Adrianne Fernandez 3/11/2021

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Beyond impressed! I had been self represented through years of family law and child support court hearings and was so hesitant to hire an attorney out of fear and trusting that they would appropriately represent myself and child. After tons of research I contacted Ms. Azizi. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. Ms. Azizi heard my concerns and was extremely sensitive to the matter of FAMILY. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them. Ms. Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs!

Linda P 6/19/2020

Yelp
This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times. My attorney was Mr.Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have.

Diana H. 05/01/2021

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Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. I felt so taken care of. I chose her for her near-30 years of experience as an attorney, the depth and strength I observed in one who had weathered hardship through her many accomplishments, her compassion, and her smarts. I can't imagine what other attorney would have Zoomed with me even in sickness to help prepare me for a legal session. And I later saw how keen she'd been in her advice. I've been deeply touched watching Soheila and her paralegal Lynda Walker fight for my child as if he were their own. They in particular have treated me with great humanity - day and night from what I experienced at my former attorney's. Lynda is a gem, on her toes, flexible, hard-working, committed to each client, humble, and sweet. She has slaved over my case, doing much of the writing, watchful of me on paper and in person, guiding me gently while encouraging me to use my voice. The staff, including the office administrator Lorenzo and Linda C, is caring, respectful, and conscientious. A band of angels.
 
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