After eight years of marriage, actors Chris Pratt and Anna Faris have filed for legal separation. They have one child together.
Chris Pratt and Anna Faris Decide to Legally Separate
The news of Chris Pratt and Anna Fari’s legal separation has been confirmed by the actor’s official social media pages.
During a 2014 Esquire magazine interview, Pratt said he met Faris during the filming of “Take Me Home Tonight,” in 2007.
During a legal separation, your interests as a married couple are protected until a final decision to divorce is made. Often times, couples choose to just remain separated and never choose to pursue a legal divorce. The greatest difference between legal separation and divorce is that legal separation does not end a marriage or domestic partnership.
Legal separation allows couples to live apart and take a “break” from each other, while also ensuring that each spouse’s legal rights are protected via a legal separation agreement. Legal separations can also be called: “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer to the legal process by which a married couple formalizes a de facto separation while remaining legally married.
Issues Addressed in Legal Separation
Typically, during the separation process, various things are dealt with, including child custody, child visitation, child support, spousal support, marital property division, attorney fees, and personal conduct. The only thing that remains untouched is the actual marital status of the couple.
Formal Legal Separation Agreement
It’s always advised that you sign a formal legal separation agreement. This agreement outlines child support and visitation, property division, and any other aspect of a marriage. An attorney will be able to prepare this legal and binding document. This will offer you legal protection should your spouse fail to live up to his or her obligations and will also hold up in court.
The following should be included in the legal separation agreement:
Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.
Home Residency – If a couple shares a home, it should be decided at this time what will happen to the residency during the separation. The agreement should include information regarding who is able to live in the home, who is responsible for maintaining the home, and who is financially handling the home.
Joint Accounts – A legal separation agreement outlines who has access to those joint accounts such as joint checking, savings, and credit accounts. It’s often advised to close or freeze these accounts during the separation. Each spouse will then need to obtain their own personal accounts.
Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.
Why Pursue Legal Separation?
There are advantages with legal separation, including:
- Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
- Staying legally married for 10 years allows couples certain social security benefits.
- The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
- In some religions, divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
- Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.
Steps to Follow for Legal Separation
Here are the steps you will take to acquire a legal separation:
- Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
- You and your spouse will need to decide on grounds for the separation
- Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
- If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
- File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
- Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.
Still Considering Divorce?
If following your legal separation you and your spouse decide to move forward with a divorce, you will still need to file a divorce petition and go through the formal divorce process. Since a legal separation agreement has already been created and you mutually agree to all aspects of your marriage, chances are you will be able to file an uncontested divorce. If there are still unresolved issues, you might decide you need a court’s help to come to a decision. It’s important to remember though that just because you are legally separated, that does not mean you are officially divorced. A judge will need to sign off on the final divorce papers and agreement before you can declare yourself “single.”
Working with a Divorce Attorney
It’s always advised that you consider working with a family law attorney. They will be able to advise you on any number of issues, including child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.
33 S. Catalina Ave. Ste. 202
Pasadena, Ca. 91106
33 S. Catalina Ave. Ste. 202
Pasadena, Ca. 91106