San Diego Legal Separation Lawyer
An Alternative to Divorce
A 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:
- Child custody
- The time children will spend with each parent
- How living expenses will be paid
- Child support
- Alimony
- How assets will be managed
- Property division
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.
Our Clients Share Their Stories
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"If ever I were to need legal assistance again, I wouldn't think twice about hiring them to work on my case again, as I know I'm in the best hands possible."
The team at Embry Law was extremely efficient and professional. Constantly checking in with me and informing me of any changes and updates on my case. If ever I were to need legal assistance again, I wouldn't think twice about hiring them to work on my case again, as I know I'm in the best hands possible. I am forever thankful.- Daniella R. (Facebook Review) -
They were great at helping us understand family law and answered all questions that I had.- Sean (Avvo Review)
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"Thank you Nicholas -- your team and clients are lucky to have you."
It had been a long two years of waiting and frustrations in the hands of my previous lawyer to get the legal closure I needed to move forward with my post-divorce life. As anyone going through divorce knows, nothing about it is easy or enjoyable ... that is until I met Nicholas Montaño. As office manager and head paralegal at Embry Family Law, Nicholas took my call and ran with it. From the get-go, I felt supported and that I was in capable hands. Within a few weeks, I was happily divorced and all was finalized, even sooner than the court date assigned to my case. Throughout our [thankfully] short time working together, he showed compassion, empathy, and understanding. And I especially appreciated his effective and efficient communication, and willingness to go above and beyond with sensitivity to time. Thank you Nicholas -- your team and clients are lucky to have you.- Kathy D. (Google Review) -
"I am most grateful for their compassion and ability to put me at ease during some really difficult times."
Ben and his team (Nicholas and Marie) are amazing! From the start of my divorce process, I felt that I was in good and capable hands with Ben. He is confident and knowledgeable. All of my questions were answered quickly and thoroughly. I am most grateful for their compassion and ability to put me at ease during some really difficult times. Thank you, Team Embry!!- Kris E. (Google Review)