Addressing Concerns About Divorce And Legal Separation

Going through a divorce or separation puts a strain on nearly everyone, both emotionally and financially. You're facing many unknowns, from how to support yourself financially to how your children will be affected.

At the Law Office of Stephen W. Penn and Associates, we aim to provide answers to these unknowns. As a certified family law specialist, attorney Stephen Penn has extensive experience in helping families through difficult periods in their lives. Our goal is to provide the answers you need to get through this time and achieve the fairest solution under the law.

Considerations In California Divorce

California is a "no-fault" divorce state, meaning one spouse may decide to end the marriage without the consent of the other and without giving a reason to the courts. In other words, neither party needs to point to a specific failing in the marriage to get a divorce.

Our firm can help you through the process of dissolving a marriage along with many of the other issues that often come with divorce, including:

What's The Difference Between Divorce And Legal Separation?

We encounter this question often, and in many ways, the two are the same. Both legal separation and divorce (or dissolution) proceedings often result in court orders that divide property, set child and spousal support, and resolve child custody issues.

Where the two are vastly different is the marital status of the parties at the end of the proceeding:

  • In a legal separation, the court does not terminate the marriage and restore the parties to "single" status. So, they are not free to remarry at that point.
  • During dissolution, the parties are requesting for the marriage to be dissolved — this restores each party to "single" status, and they can remarry as they choose.

We're Here To Support You

Our lawyers work with families throughout Santa Clara and San Benito counties, including San Jose, Morgan Hill and Hollister. Call 408-776-1525 or send us a message online to learn more about how our firm can help.