Judicial separation is a legal procedure undertaken when spouses are unable to reach a consensual agreement on separation. In this context, the role of the criminal lawyer and the family lawyer is crucial to guide the spouses through the complex legal process, ensuring that the rights of both parties are respected.
Judicial separation represents a legal proceeding initiated before the court when there is no agreement between the spouses on fundamental issues such as child custody, financial support, or property division. Unlike consensual separation, where spouses reach an agreement independently, judicial separation requires the intervention of a judge.
A criminal lawyer, while specialized in criminal law, can collaborate with a law firm specializing in family law to provide a complete overview of the legal situation. The family lawyer, on the other hand, is essential for addressing specific marital issues, providing legal advice on aspects such as child custody and property division. In some situations, criminal defense may be necessary if allegations related to domestic violence or other crimes emerge.
The judicial separation procedure begins with the filing of a petition with the competent court, assisted by a divorce lawyer. The petition must contain details about the reasons for the separation and the requests of the petitioner. A preliminary hearing follows in which the judge attempts to reach a reconciliation between the parties. If reconciliation fails, the judge issues a provisional order regarding child custody and financial support.
If you are facing a judicial separation and wish for personalized legal advice, contact the Bianucci Law Firm. Our experts, including criminal and family lawyers, are at your disposal to assist you at every stage of the legal process.