Legal Separation

Mensa et Thoro

The term “mensa et thoro” is a latin phrase that literally translates to “from table and bed.” This is a term that is commonly used to define a couple who are legally allowed to live apart without going through a divorce or being brought to court for desertion. The couple is still legally married and they are not allowed to remarry. These legal separations are beneficial when a couple does not wish to legally pay for a divorce or when the court mandates that a couple separate because of domestic violence or abuse.

In California, certain issues can still be addressed regarding legal separation including child support, child custody and spousal support. These issues will need to be investigated by a judge for there to be a determination of visitation and payments. It is good idea for couples who choose to live separately while remaining married to obtain a separation agreement.

This agreement will help you outline what happens to your finances and determines support for children while protecting your assets in case a divorce does inevitably occur.

Filing for Legal Separation

If you meet the state of California’s legal residency requirement, you can file for a legal separation petition with a court in your jurisdiction. An attorney is highly recommended to help guide you through the paperwork and legalities of this process. If the petition is not filed jointly, your spouse will be served with the paperwork once the petition has been filed; if the spouse does not agree with the papers, they may dispute with a counter-petition. If a judge reviews your documents and determines them to be valid and properly filed, you will be deemed as legally separated.

Are you having a hard time with your spouse? Do you not want to divorce? Are you ready to file for a legal separation? It is important that you contact an attorney who can help you file for your mensa et thoro separation quickly and efficiently. When you work with my firm, you will be working directly with the lawyer who will be handling your case.

You can rest assured that I will do my hardest to grant you your legal separation and fight for your rights as a spouse and parent. Contact my firm today.