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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, it is possible for the final judgment to 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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  • Kaylin Masis Photo
    Kaylin Masis

    Associate Attorney

    Kaylin was born and raised in San Diego, California. As a San Diegan native, Kaylin grew up riding horses in Bonita, eating burritos at Lolita’s Taco Shop, and studying as a Hilltop High School Honors Student. In 2012, Kaylin left her hometown to study in San Francisco. She graduated from San Francisco State University with Magna Cum Laude honors and as the director of their on-campus Legal Resource Center. After receiving her bachelor’s degree, Kaylin went to the University of California ...
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  • Nicholas Montano Photo
    Nicholas Montano

    Legal Assistant

    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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  • Certified Family Law Specialist

    Our attorney has been certified by passing the appropriate written examination in Family Law, demonstrated a high level of experience in Family Law, fulfilled ongoing education requirements and has been favorably evaluated by other attorneys and judges familiar with his work.

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