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San Diego Legal Separation Lawyer

An Alternative to Divorce

Unhappy coupleA legal separation is a way to separate without ending a marriage. People choose this route for many different reasons. The couple may be ready to live apart, but not ready for the finality of divorce. In other cases, there are religious or practical reasons, such as maintaining health insurance.

Regardless of your reasons for exploring this alternative to divorce, it is helpful to consult with a knowledgeable legal separation attorney in San Diego. Embry Family Law P.C. guides clients through the process and helps them find the right solutions to their unique cases.

Contact us to learn more about the legal separation process in a consultation.

The Legal Separation Process

Although legal separation is different from divorce, the process is similar. You will need to complete certain steps, including filing a petition for legal separation. You will also need to reach an agreement with your spouse regarding important issues, such as child custody and property division. The court will grant a final judgment for the separation.

How Long Does Legal Separation Take in California?

Unlike divorce, the date of separation takes effect immediately. However, the final judgment can take longer if both parties are unable to reach a mutual agreement regarding dividing community assets and debts.

Contact our San Diego legal separation lawyers to learn more about the process.

Separation Agreement

A separation agreement is different from the process of legal separation. It is possible to enter into an agreement without going through an official legal separation. The separation agreement addresses the common issues that will arise during the separation period.

Issues addressed in a separation agreement include:

Benefits of Legal Separation in California

While couples that are legally separated are still married, they do have the benefit of enforceable court orders that can separate finances and direct custody. Additionally, separated couples may be able to retain marital benefits, such as:

  • Tax Deductions
  • Health Insurance
  • Life Insurance

Additionally, legal separation keeps the possibility of reconciliation alive – many couples seek marriage counseling during their legal separation.

Our San Diego separation attorney helps clients negotiate and craft legal separation agreements with ease. We have our clients’ best interests at heart and advocate for them emphatically.

If you are contemplating legal separation, contact us to schedule a consultation.

The Embry Family Law P.C. Team

  • Ben E. Embry Photo
    Ben E. Embry

    Founding Attorney

    Ben was born and raised in Henderson, Kentucky, and attended the University of Kentucky. He did not leave Kentucky until he moved to San Diego to attend law school in 2006. Ben grew up on his father’s farm, doing the things that most “farm boys” do: Plowing the fields, tending the cattle, and harvesting crops, all while leaving enough time to fish in the pond. Working for his father is what gave Ben the work ethic he has today. Despite the fact that farming was in his blood, Ben decided early on ...
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    Nicholas Montano

    Senior Paralegal/Office Manager

    Nicholas is a native San Diegan who grew up in Golden Hills, right by the 94 freeway. As the middle of three siblings, he was and is the “peace maker” in the family. At Embry Family Law P.C., Nicholas enjoys supporting clients by explaining the process to them, listening to their concerns, and assuring them that they are in good hands and that everything will be okay. Nicholas attended St. Augustine High School and Cuyamaca Community College, and he is working on his last semester to become ABA ...
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    Shyanne Mortimer

    Lead Litigation Paralegal

    Shyanne was born in Concord, California where she lived for the earlier parts of her life before moving to Fresno California. In 2018 she graduated from Clovis West High School and continued her education at her local private college, Fresno Pacific University. She graduated a year early in 2020 with her Bachelor's Degree in English and an emphasis in classic literature. She is a first generation college graduate and used this as fuel to pursue her education further. In 2021 she attended the ...
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    Daniel Ledesma

    Legal Assistant

    After receiving his bachelors in Law & Society at the University of California, Riverside, native San Diegan Daniel Ledesma has worked in two legal fields whilst he prepares for his next stop: Law School. Growing up in a diverse setting that San Diego entails, Daniel wants to enrich his legal expertise and assist individuals within his community who may not be 100% knowledgeable with their rights. Prior to joining Embry Family Law, Daniel worked in Immigration law and took a vast amount of pride ...
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  • Gabriele Finley Photo
    Gabriele Finley

    Litigation Paralegal

    I am a graduate of California State University San Marcos with a Bachelor of Arts in Social Sciences. I unexpectedly found my passion for the legal field during a Sociology of Deviance class and went on to earn my Paralegal Certificate from the University of San Diego School of Law. I have always had a strong inclination towards Family Law, and my love for it stems from my passion for being a genuine advocate for others. In my free time, I enjoy exploring different areas of San Diego, cooking ...
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    Carmen Caserta

    Associate Attorney

    Carmen was born in Los Angeles, CA, and grew up in the San Fernando Valley. She moved to San Diego as a budding singer/songwriter in 2001, when she was just nineteen years old. After spending a few years teaching herself to play piano and write music, Carmen began to feel a strong pull toward academic pursuits. With a lifelong fascination surrounding the complexities of the human experience, she decided to pursue a BA in psychology and graduated with Honors from Chapman University in 2008. ...
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  • Julie Mekhael Photo
    Julie Mekhael

    Law Clerk

    Julie was born in Los Angeles, CA, where she then grew up in East Highland Ranch with her fun family of 5. In 2010, she and her family moved to Sunny San Diego, where she graduated from Torrey Pines High School and continued her education at the University of California San Diego (UCSD), receiving her bachelor’s degree in political science. Her early love for competitive swimming, which started at the age of 5, carried her through her college years. But a new path called her when she made the ...
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