Divorce and Legal Separation

Clarity. Confidence. Control.

What is Divorce & Legal Separation Law in California?

In California, divorce (also called dissolution of marriage) and legal separation are legal processes that allow couples to formally end—or redefine—their relationship in the eyes of the law. While divorce terminates the marriage entirely, legal separation allows spouses to live apart, divide finances, and make custody decisions without ending the marriage.

Whether you choose divorce or separation, these processes involve critical decisions about child custody, support, property division, and your financial future.

At Fernandez Family Law, we guide clients across San Luis Obispo, Santa Maria, Paso Robles, and the Central Coast through divorce and separation with compassion, clarity, and proven strategy—so you can move forward with confidence.

How the Divorce & Legal Separation Process Works

Here’s a step-by-step look at how divorce and separation unfold in California:

✅ Step 1: Choose Between Divorce or Legal Separation

We start by helping you understand the key differences and decide which process is best for your situation and goals.

✅ Step 2: File a Petition

We file a Petition for Dissolution or Legal Separation with the Superior Court in your county and serve it to your spouse.

✅ Step 3: Financial Disclosures

Each party must exchange preliminary financial disclosures, including assets, debts, income, and expenses.

✅ Step 4: Temporary Orders (Optional)

We can request court orders for:

  • Child custody and visitation
  • Spousal support or child support
  • Exclusive use of the home
  • Restraining orders, if needed

✅ Step 5: Negotiation, Mediation, or Litigation

We work to resolve key issues through negotiation or court-ordered mediation. If agreements can’t be reached, we litigate to protect your interests.

✅ Step 6: Final Judgment

Once agreements or rulings are made, we file the Judgment of Dissolution or Legal Separation, finalizing the case.

What to Expect Emotionally & Legally During Divorce or Separation

Ending or redefining a marriage is rarely easy. It’s common to feel overwhelmed, heartbroken, angry, or afraid about what the future holds.

You may be wondering:

  • Will I lose custody of my kids?
  • What will happen to our home or retirement accounts?
  • How will I support myself or protect what I’ve built?
  • Is separation a safer first step than divorce?

Here’s what you can expect with us:

  • Empathetic guidance every step of the way
  • Clear communication about your rights, risks, and options
  • Aggressive protection of your parenting time, property, and peace of mind
  • Creative strategies for complex financial or emotional situations

What Makes Fernandez Family Law Different

In times of personal transition, you need more than a legal technician—you need a trusted advocate who understands both the law and the human side of family change.

Here’s why families across the Central Coast turn to us:

  • Local Expertise – We’re deeply familiar with the courts in San Luis Obispo and Santa Barbara Counties.
  • Full-Spectrum Family Law Support – From custody and support to mediation and enforcement, we handle everything under one roof.
  • Respectful, Resolution-Focused Approach – We fight when necessary—but always pursue the least damaging path forward.
  • Tailored Legal Strategy – No cookie-cutter divorces. Every case plan is built around your goals and values.

Speak to a San Luis Obispo Divorce Attorney Today

If you’re facing divorce or considering legal separation, it’s time to take back control of your future—with clear information, steady support, and trusted legal guidance.

At Fernandez Family Law, we help clients throughout San Luis Obispo, Santa Maria, and the Central Coast move forward with clarity, security, and strength.

📞 Call today to schedule your confidential consultation.
Because when everything changes, we help you rebuild—strategically and with heart.

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Meet the Team

Our Top-Tier Legal Minds

Every case is different, and the right legal guidance can help you move forward with confidence. Our team focuses on thoughtful planning, clear communication, and dedicated support through every step of the process.

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Frequently Asked Questions

Real Questions. Real Answers. Right Here.

Yes—if there’s a material change in circumstances. Custody, support, and visitation can be modified. Property division, usually not.

Yes. California is a no-fault divorce state. You don’t need your spouse’s agreement—just proper legal notice and procedure.

No. Even in amicable divorces, each spouse’s interests can diverge. A lawyer can only ethically represent one party.

Yes, if both parties agree. The court honors fair, voluntary agreements—even if not perfectly equal. But get it in writing.

Often, yes. Mediation avoids the backlog of court calendars, reduces conflict, and can resolve cases in weeks—not years.

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Contact Us Today

Ready for clarity, direction, and legal protection? Fill out the form and let’s begin.

Every divorce, custody case, and financial dispute comes down to strategy. At Fernandez Family Law, we offer, no-risk case evaluations so you can:

  • Get clear on your legal options.
  • Avoid costly mistakes.
  • Fight for the best possible outcome.
(805) 346-8536
(805) 346-8536