San Diego Divorce Lawyers

Facing a divorce can be overwhelming, but understanding the process can make it a bit easier. Here's a simple overview of key divorce laws and procedures in California to help you get started.

Like many other states, California has specific residency requirements for filing for divorce. At least one spouse must have lived in California for at least six months before the papers are filed. The spouse must also have lived in the county where the divorce is being filed for at least three months.

In California, you don't need to prove that your spouse did something wrong to get a divorce. The state only recognizes "no-fault" divorces. You can file for divorce based on “irreconcilable differences” or a permanent legal incapacity to make decisions. These no-fault grounds make the process a bit simpler, focusing on the fact that the marriage isn't working rather than placing blame on either spouse.

Some key types of divorce that a California resident should know include:

• Uncontested divorce: the spouses reach a comprehensive agreement on the terms of their divorce, which they present to a judge for approval
• Contested divorce: the spouses cannot reach an agreement on at least some terms of the divorce, which the judge must decide for them
• Mediated divorce: the spouses do not initially agree on the terms but ultimately reach an agreement with the assistance of a neutral third party called a mediator
• Collaborative divorce: a semi-formal process in which the spouses and their attorneys negotiate a divorce settlement
• Summary dissolution: a streamlined procedure for couples who have been married for less than five years, have no children together, have no real estate, agree on property division, and meet certain other requirements

The more a court gets involved in a divorce, the more time-consuming and costly it can become. If your spouse and you can work together to find common ground, you can often save both time and money. However, a workable compromise isn’t always possible.

Sometimes couples prefer to remain legally married for religious or financial reasons, even if they want to live separate lives. In such cases, they can choose legal separation instead of divorce. The process involves making similar arrangements as in a divorce, including child custody and support, spousal support, and property division. The main difference is that neither spouse can marry someone new unless they get an official divorce.

California is one of the few states that follows a "community property" system. This means that any property acquired during the marriage is considered jointly owned by both spouses, regardless of whose name is on the title. In a divorce, the court typically divides this property equally between the spouses. However, spouses can agree on a different arrangement if they prefer.

Each spouse keeps their separate property after the divorce. Separate property includes anything owned before the marriage, as well as gifts and inheritances received by one spouse during the marriage.

In California, "spousal support" is the term used for what many people know as "alimony." A court may order a spouse to pay support to the other spouse that is fair and reasonable, considering the standard of living that the couple enjoyed during their marriage.

In ordering spousal support, a judge will consider factors such as:

• The length of the marriage
• The needs of each spouse, based on the standard of living during the marriage
• The ability of the paying spouse to pay support
• The age and health of the spouses
• The assets and obligations of each spouse, including their separate property
• The extent to which the earning capacity of each spouse can maintain the standard of living during the marriage
• Any contributions by the recipient spouse to the education, training, or career of the paying spouse
• Any history of domestic violence
• Tax consequences
• The goal that the recipient spouse should be able to support themselves within a reasonable period of time

In California, the obligation to pay spousal support ends if the recipient spouse remarries. Additionally, if the recipient starts living with a new partner without getting married, the law assumes that their need for support decreases.

If you're going through a divorce and have minor children, you'll need to make arrangements for their custody. There are two types of custody to consider. Physical custody describes where the child will live. Legal custody covers the right to make important decisions about the child's life, such as their education, religious upbringing, health care, and extracurricular activities. Custody can be joint, which means that both parents share rights and responsibilities, or it can be solely held by one parent.

Parents can create a parenting plan that outlines their preferred arrangement and present it to the court for approval. If the judge finds that the plan is in the best interest of the child, they will likely approve it. However, if the parents cannot agree on custody, the judge will make a decision based on what is best for the child. Factors that affect this determination include:

• The age and health of the child
• The relationship between the child and the parents
• The ability of each parent to care for the child
• The child’s ties to their home, school, and community
• Any history of domestic abuse by a parent
• Any record of ongoing substance abuse by a parent

A judge must not consider the sex, sexual orientation, or gender identity or expression of a parent in deciding what would be best for the child.

In addition, a court may order one parent to pay child support to the other to ensure that the child's needs are met. California uses an "income shares" model for calculating child support. This approach takes into account the income of both parents to determine the support amount. The state provides a specific formula to calculate child support, which judges typically follow. However, judges have the discretion to deviate from it if applying the standard calculation would be unfair or inappropriate based on the specific circumstances of the case. Some situations in which this might happen include:

• The parent who will pay support has a very high income, and the formula would produce an amount that exceeds the needs of the child
• A parent is not contributing to the needs of a child at a level proportionate to their custodial time with the child
• The parents have different custody arrangements for different children
• A child has special needs that could require child support greater than what the formula provides

Parents can agree on a specific amount of child support, but this agreement must be reviewed by a judge. If the agreed amount is less than what the standard formula would suggest, certain requirements must be met.

If you're considering filing for divorce, you'll need to start by completing some forms, known as a petition and a summons. If your spouse and you have minor children, there's an additional form you'll need to fill out. Once you've completed these forms, you’ll need to file them with the court and pay a filing fee. If paying the fee is a problem, you might be able to request a waiver.

After you've filed the papers, they need to be formally delivered to your spouse, which is known as "service of process." You can't personally hand over these papers; you'll need to get a process server involved. This could be the county sheriff, a professional process server, or any adult who's not part of the divorce proceedings. The process server will then complete a proof of service form, which must be filed with the court.

Your spouse will have 30 days to respond to the papers. If they don't respond within this timeframe, you can request a divorce by default. This means the court will proceed with the divorce without your spouse's participation.

The process for finalizing a divorce depends on whether it's uncontested or contested. If both spouses agree on all the terms, they can submit their agreement to the court for approval, making the process smoother and quicker. However, if there are disagreements on certain issues, the court will need to step in to resolve those disputes, which can extend the timeline. Complex disputes might require a full trial, while simpler ones could be settled through a streamlined hearing.

Even when both parties agree on everything, there's generally a mandatory waiting period. Typically, the law requires at least six months after the non-filing spouse has been served with the initial divorce papers before the divorce can be finalized. The final judgment issued by the court will include the date on which the marriage is officially dissolved.

Going through a divorce can be tricky and stressful. People in the San Diego area may benefit from various local services that offer legal or practical assistance.

Navigating a divorce can be complex, especially when child custody is involved. In San Diego, the Family Court Services program offers child custody recommending counseling for parents who can't agree on custody arrangements. This service aims to help parents reach a mutually satisfactory agreement that prioritizes the best interests of their children. According to state law, if there's a custody dispute, parents must go through this counseling before a court hearing. If an agreement is reached during counseling, the hearing might be canceled. If the parents still cannot agree, the Family Court Counselor will provide a recommendation.

Additionally, the court operates a Family Law Facilitator’s Office, which is a valuable resource for those going through a divorce without legal representation. The attorneys and staff in this office can answer questions and assist with preparing necessary forms, although they don't act as the attorneys of people who consult them. They offer support both in person and remotely, and through various workshops.

Sometimes a spouse going through or preparing for a divorce may have experienced abuse from their partner. In such difficult situations, there are resources available to help. If you are in San Diego and find yourself in this situation, you can call the San Diego Domestic Violence Hotline at 888-385-4657 or the YWCA Domestic Violence Services 24/7 Hotline at 619-234-3164 for immediate assistance.

Additionally, the Domestic Violence Unit of the San Diego Police Department operates within Your Safe Place - A Family Justice Center. This center brings together various agencies dedicated to addressing domestic violence. They provide comprehensive support and services to those in need. Some other organizations that may help include:

• One Safe Place
• Center for Community Solutions
• Community Resource Center
• San Diego Family Justice Center
• South Bay Community Services
• Women’s Resource Center

The San Diego County Sheriff also provides a list of local resources and advocacy agencies.

You can check out the Divorce Law Center in the Justia Legal Guides if you’re looking for free information about how the divorce process works. These articles provide an overview of issues that may come up. You also can explore the California entries in our 50-state surveys on topics such as:

• Uncontested divorce
• Property division
• Spousal support (alimony)
• Child custody
• Child support
• Legal separation

If you have a specific question about a legal aspect of your divorce, you can post it on the Justia Ask a Lawyer platform. Attorneys in California may respond with some guidance. Keep in mind that these interactions do not establish an attorney-client relationship.

If you decide that you need more personalized legal representation, you can use the Justia Lawyer Directory to compare a wide range of lawyers in the San Diego area. This resource can help you find an attorney who suits your needs.

The San Diego area has divorce courts in several locations. The court that you will use depends on the zip code of your address. The San Diego Superior Court website provides a table matching zip codes to court divisions, which include:

• Central Division: 1100 Union Street, San Diego
• East County Division: 250 East Main Street, El Cajon
• North County Division: 325 South Melrose Drive, Vista
• South County Division: 500 Third Avenue, Chula Vista

The business office in each location is open from 8:30 P.M. until 4 P.M. from Monday through Friday.

It’s often not easy to navigate a divorce, especially when emotions run high. That's why having a skilled attorney by your side can make a big difference. They can help you put together crucial evidence, and they can develop compelling arguments on your behalf. An attorney also ensures your case progresses smoothly by managing deadlines and keeping track of necessary procedures. If they have represented other spouses before your judge, they might have some insider knowledge that could help you get your preferred outcome.

Even if you believe your spouse and you will stay out of a courtroom fight, a lawyer can still be invaluable during negotiations en route to a settlement. They can review agreements proposed by your spouse to ensure you fully understand all the terms. Having a lawyer in your corner might also motivate your spouse to treat you more fairly.

Perhaps you’ll be fortunate enough to agree with your spouse on everything without much back and forth. You might feel like you don’t need a lawyer in this case, but it's still wise to have a lawyer look over your agreement before submitting it to the judge. They can identify any issues you may have missed and advise you on how to address anything that might cause the judge to think twice before signing off on the agreement.

San Diego has a diverse array of divorce lawyers, each of whom offers something a little different to their clients. You’ll want to make sure that you find an attorney who fits your needs and preferences. Ideally, you should hire someone who has plenty of experience in successfully handling the issues that are likely to come up in your case. Check out past results and scan client testimonials on the websites of law firms or attorneys. Reviews from other attorneys can also provide insight into the reputation that a lawyer has built among their peers.

It's equally important to consider adherence to professional ethical standards. A minor infraction of the rules governing California lawyers might not be enough to take someone out of your consideration. On the other hand, a lengthy disciplinary record or a major violation should prompt you to carefully weigh the risk of hiring that attorney.

Typically, you can talk to an attorney about the basics of your case before deciding whether to hire them. This initial meeting provides a valuable opportunity to assess whether an attorney seems like a good fit for you. You’ll want to feel confident in their understanding of the law and comfortable discussing your personal concerns with them. It's often smart to meet with a few attorneys so that you can compare the pros and cons of various approaches and personalities.

Attorney fees in divorce cases tend to reflect the time spent on the case, which is usually billed by the hour. However, some straightforward tasks may be billed at a flat rate, and some attorneys allow clients to choose among multiple fee structures. If you're experiencing financial difficulties, don’t hesitate to ask if an attorney offers ways to make the fee more affordable.

1. How much does it cost to file for a divorce?

   As of 2024, the filing fee for a divorce case is typically around $450. If you're unable to afford this fee, you may qualify for a fee waiver. It's important to note that this filing fee does not cover any additional expenses that may arise as your divorce proceedings progress.

2. Will our property get split 50/50 in the divorce?

   In California, most property acquired during the marriage is community property, which is typically divided 50/50 in the event of a divorce. However, couples can draft an agreement that specifies a different arrangement for dividing their assets. It's also important to note that any assets that one spouse acquired before the marriage, as well as certain types of property such as gifts and inheritances, generally remain with the spouse who originally acquired them.

3. Can my spouse stop the divorce by refusing to participate?

   A court can grant a divorce even if only one spouse wishes to end the marriage. If the other spouse refuses to participate in the divorce proceedings, the court may issue a default judgment. This means the court will make its decisions based solely on the information provided by the spouse who filed for divorce. Therefore, it's important for both parties to engage in the process to ensure their interests and perspectives are considered.

4. Once I file and serve the divorce papers and wait for 60 days, am I automatically divorced?

   No, you are not officially divorced until a judge issues a final order dissolving your marriage. While there is a 60-day waiting period, this is only the minimum time required, and the process may take longer depending on the specifics of your case.

5. Can I change my name back to my maiden name?

   Yes, you generally have the option to change your name back to your maiden name as part of your divorce proceedings. If you're unsure about making the change during the divorce, you can always decide to change it later.