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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

  • Ben Embry is a smart attorney that cares about his clients, and sees to it they get High-Quality Legal Representation from start to finish.
    - Patrick (Avvo Review)
  • "My results were amazing!"
    Ben Embry's family law practice is the best in San Diego! His knowledge, professionalism, affordability, and his entire staff are unequaled. I recently went through a difficult divorce. Ben and company made it easy on me. My results were amazing! More than I thought was possible! Ben and his staff have a vast knowledge of family case law and family code and the results showed it. My many thanks to Embry Family Law and to Ben, Nicholas, Isik, and Kaylin! Ben is a Certified Family Law Specialist (CFLS). If you need family law services his firm is one to hire!
    - Ty (Avvo Review)
  • "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)
  • Without hesitation, he was able to provide a resolution for my ongoing problem in a congenial atmosphere.
    - A.C.V (Google Review)

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    • 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.
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      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.