WHAT HAPPENS TO CHILDREN DURING A LEGAL SEPARATION?
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In many cases, a marriage doesn’t break in a day. It dissolves slowly over time. The spouses simply drift farther and farther away from each other. In such instances, spouses may want to try living apart to gain a deeper understanding of their true feelings about whether they want the marriage to continue. If the couple has children, a separation becomes more complicated. Are both parents willing to share joint custody? Does one parent want full custody? Is one parent planning to move far away from the other?
Two spouses who decide to live apart are not legally separated. A legal separation must come in the form of a court order. Most couples who decide to separate don’t bother to go through the legal hoops to gain a legal separation, but it can be useful when the spouses can’t agree on child custody.
In many ways, a legal separation is like a divorce, and through a legal separation, the parents can petition a court to decide on things such as child custody, child visitation, child support, and property division.
If you aren’t ready to get divorced but are having trouble agreeing on custody with your spouse, a legal separation may be a good idea. Another good idea tis o seek professional representation so you have the best chance possible of getting the custody and child support outcome that you want. If you live in Temecula, contact the law offices of Albrecht & Albrecht at (951) 693-3132 for a free consultation.