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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:

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

  • "Extremely grateful to have Ben, Kaylin, and Nick on my side."
    Ben, Kaylin, and Nick are an amazing team of knowledgeable professionals in family law. Their main focus is their client's and family member's wellbeing. They are calm and extremely experienced with custody orders. Not everyone can handle your stress and the chaos that you may have while going through the family law process, but this team gets the most difficult situation handled with care and full transparency and respect. Extremely grateful to have Ben, Kaylin, and Nick on my side. Highly recommend
    - Jenn W. (Facebook Review)
  • "I would recommend Embry Family Law to anyone!"
    Working with Ben Embry was great. He's very professional, responsive, and was always available to answer any questions I had. His team is also amazing and made me feel comfortable throughout the entire process. I would recommend Embry Family Law to anyone!
    - Alyssa D. (Google Review)
  • "I will definitely be returning in the future if I ever come across another situation that will require great representation."
    I stumbled across this firm when searching for a good and honest family lawyer in the San Diego area. I proceeded to call and had the pleasure of speaking with Nicholas. He is THE main reason why I agreed to pay $250 for my initial 1 hr. zoom interview with Ben. To be quite honest, I didn’t really care for any of the staff in this firm other than Nicholas. He is extremely personable and friendly and made me feel at ease during this nerve-wracking process. He took the time to talk to me on the phone for almost an hour and walked me through the process which allowed me to see the light at the end of the tunnel. I truly appreciate all of your help Nick! Although I didn’t really care for the staff in this firm, I do have to give this firm a 5 star for being an honest and professional law firm. This is hard to come by. They didn’t hesitate in returning any unused funds and because of this, I have referred many of my friends and patients. I will definitely be returning in the future if I ever come across another situation that will require great representation. Thank you again for all your help!
    - Daniela (Google Review)
  • They take the time to listen and are clear and compassionate in their responses.
    - Jordan S. (Avvo Review)

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    Why Choose Us?

    • Personalized Approach
      We understand that this is your story and it's different than everyone else's. Our approach is catered specifically to what you're currently going through.
    • Exceptional Customer Service
      We understand that what you're going through can be overwhelming at times. When you work with us you're not just a number, you're now part of our family. Your success is our success, we will guide you every step of the way.
    • 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.