San Diego Separation Attorney

At Aloha Law, PC, our San Diego separation attorney is an experienced, reliable advocate for clients. We know that the decision to separate from a spouse is a big one—you do not have to navigate the process on your own. If you have any specific questions or concerns about the separation process, we are here to help. Contact us at our San Diego law office today for a confidential, no-commitment initial consultation with a top-tier California legal separation attorney. 

What is a Legal Separation in California?

A legal separation is an alternative to a divorce. As simply described by the California Courts, with a legal separation, “you stay married, but the court divides your property and debts and makes orders about financial support. The court can also handle child-related matters if you have young kids or teenagers. Here is the primary reason why legal separation is different from a divorce: 

• Marriage Remains in Place: Unlike a divorce, a marriage does not end during a legal separation. You and your spouse remain legally married even if you have a court-approved separation agreement in place. Neither of you is eligible to remarry.  

In some cases, a couple that starts with a legal separation will eventually get a full divorce. However, that is certainly not required by California law. You and your spouse can remain legally separated in San Diego for an indefinite period of time. 

Most Common Reasons Why Couples Opt for a Legal Separation Instead of a Divorce

You may be wondering: Why do some people choose a legal separation instead of a traditional divorce in California? Here are the three most common reasons why separation is preferred: 

• Chance of Reconciliation: Many couples in San Diego choose legal separation as a way to take a step back and evaluate their relationship without the finality of divorce. Separation is an opportunity to work on things while apart, with the possibility of reconciling in the future.

• Financial (Benefits): Legal separation in California can offer financial advantages that are not available with a divorce—such as retaining eligibility for spousal benefits like health insurance or social security. It may be financially advantageous for the spouses. 

• Personally Against Divorce: Finally, there are people who are against divorce for personal, moral, and/or ethical reasons. If you are in this situation, a legal separation provides an alternative that respects these values while allowing you and your spouse to live separately. 

Three Key Issues that May Be Address During a Legal Separation

The core purpose of a legal separation is to allow married couples to formally separate in a structured manner where key issues are managed properly. Depending on your circumstances, your legal separation will generally address one or more of the following three key things: 

• Property and Debts Divided: All married couples who get a legal separation in California must address the division of property and debts. It is similar to dividing assets/liabilities during a divorce. Among other things, this part of the process involves determining who is responsible for debts accrued during the marriage and how to distribute both joint and separate assets. California’s community property standard applies. 

• Custody and Visitation are Resolved: Parents of young children or teenagers who are getting a legal separation must resolve issues related to custody and visitation. For parents, a separation agreement will generally include a parenting plan. California’s best interests of the child standard will apply to a custody/visitation determination. 

• Ongoing Financial Matters (Spousal/Child Support): Depending on your specific circumstances, you may also need to work out certain ongoing financial obligations. The most common are spousal support (alimony) and child support. Spousal support may be necessary to ensure that neither party experiences undue financial hardship due to the separation. Child support is calculated based on income and custody arrangements. 

Uncontested Separation in California (Separation Agreement)

You can get an uncontested separation or a contested separation in California. To be clear, most separations are uncontested. It is a preferable outcome for most separating couples because it involves an agreement that avoids the time, expense, and conflict of litigation. A separation agreement is crucial. It should address line division of property, debts, custody arrangements, and ongoing financial obligations like spousal and child support. To ensure that your separation agreement properly protects your rights and interests, it should be negotiated, drafted, and reviewed by an experienced San Diego family law attorney. 

How Our San Diego Legal Separation Attorney Can Help

A legal separation may be the best option for you and your spouse. It is crucial that you have the right separation terms in place. You do not have to figure out everything on your own. Our principal attorney T. Healoha Lee, Esq. has decades of family law experience in California. She is dedicated to helping people manage the legal separation process with integrity, empathy, expertise, and a focus on finding a better tomorrow. With our San Diego family lawyer, you will get access to: 

• Knowledge and Expertise: We have the knowledge and family law expertise that you can rely on. Our San Diego separation attorney handles all types of family law matters. 

• Personalized Representation: You deserve personalized representation. Our San Diego, CA, legal separation attorney will invest the time and attention to details your case requires. 

• Collaborative Solutions: A separation does not have to become a nasty, difficult find. We emphasize low-conflict, cost-effective, and collaborative solutions whenever possible. 

Contact Our San Diego Separation Lawyer Today

At Aloha Law, PC, our San Diego legal separation attorney provides customized, solutions-focused guidance and support. Have questions about separation agreements? We can help. Give us a call at (619) 320-5426 or contact us online for a confidential initial family law consultation. From our office in San Diego, we handle legal separations throughout the surrounding region, including in Oceanside, Chula Vista, Carlsbad, El Cajon, Visa, San Marcos, Escondido, and La Mesa.