Thank for visiting our website. We will attempt to give you as much information about divorce in San Diego. Additionally if you visit our “Why hire us” page you will see how we handle divorce cases.

Some couples heading for divorce hope they can work issues out in a friendly manner.  That doesn’t always happen – emotions are stirred up and tempers flare.  What began as a conversation ends in a shouting match.  That's why it's valuable to work with an experienced San Diego divorce lawyer right from the start.  The family law lawyers at the Law Offices of “Insert Attorney Name” are knowledgeable of the San Diego divorce process and will help you through this difficult time.

Overview

• In California a divorce or dissolution is a legal proceeding to terminate a marriage.

• You must be a resident of California for at least six months prior to filing.

• California is a no-fault state and does not require a reason to obtain a divorce.

• You must first file a Petition for Dissolution in the Superior Court, which includes:
• Your grounds for dissolution
• Assets
• Debts
• Any children involved
• Declaration Under Uniform Child Custody Jurisdiction must be filed – where you have lived and no custody suits have been filed

• The Summons, Petition and Declaration are served on your spouse.
• The spouse must file a Response and include his/her Declaration – within 30 days

• While waiting for the trial:
• Can request a Settlement Conference – possible to arrive at a settlement

• Can also request an Order to Show Cause
• Judge issues temporary orders of spousal support, child support and custody

• It takes six months before the divorce is granted.

• Uncontested Divorce - You and your spouse come to agreement on all marital issues.
• Contested Divorce – You and your spouse need to go to trial to decide on all marital issues.
  

Next Steps

• In San Diego, before a hearing on child custody issues can be held, you are required to meet with Family Court Services (a mediator).
• Reach an agreement regarding a parenting plan.
• Attorneys do not attend the meetings.
• Only if a temporary restraining order has been issued, the parties will be seen separately.
• If you cannot reach an agreement, the mediator will make recommendations to the court.

Child Custody / Visitation

• If you and your spouse cannot come to an agreement regarding child custody, the court will do it for you.
• The court puts the interests of the child first – not yours.
• Primary person to care for child
• Psychological health of each parent
• If the child is older, they can say who they want to live with
• Etc.

Joint Legal Custody

• Most common custody awarded.
• Allows one or both parents to make decisions regarding the child’s day-to-day activities, including medical care, education and general well being.

Sole Legal Custody

• Only one parent can make all decisions for the child.
• Awarded to one parent only if the other parent is incapable of making major decisions.

Sole Physical Custody

• Allows one or both parents to make decisions regarding the day-to-day issues.
• One parent has primary control of the daily activities.
• Has custody the majority of the time.
• Does not always have “sole legal custody” also.
• Can make decisions regarding day-to-day issues, but not regarding medical care, education and the well being of the child.
  

Joint Physical Custody

• Allows one or both parents to make decisions regarding the day-to-day issues.
• Both parents have significant periods of time with the child.

Changes

• Visitation and custody arrangements can be changed if the Court finds that it is in the best interests of the child.

Parenting Plan
A parenting plan should consist of:

• Specify the day and exact time each parent’s custody time begins and ends each week.
• Specify who will pick up child and who will drop off child.
• Discuss holidays and vacation times. 
• Arrange to have your child on your birthday, Mother’s or Father’s day.

Child Support

• Child support is based on a Guideline formula that takes into consideration the income of each parent and the time spent with their child.
• Both parents share equally the cost of uninsured health care and child care.
• You are not required to pay for a college education, weddings, graduations, extracurricular activities (unless you want to).

Spousal Support / Alimony

• Spousal support is not determined by using a formula. The judge determines iif support will be awarded and for how long.   

Marital Property Distribution

• California is a mandatory 50/50 division of community property state.
• The court may order arbitration if the parties cannot agree on how to divide property.

Community Property
All property acquired during the marriage:

• Home
• Vehicles
• Income
• All debts incurred
• Retirement benefits – 401(k)
• Financial – bank accounts, stocks

Separate Property
Property owned prior to marriage:

• An inheritance
• A gift
• Any income property – rents resulting from them
• Any personal injury awards

Commingling bank accounts during the marriage can make this money become community property.

Conclusion
The Law Offices of "Insert Attorney Name" is a dedicated San Diego divorce practice.  Our attorney-client relationship is based on trust, understanding and competence.  Our high levels of integrity will help you achieve the results you deserve.

 Website built and hosted by Legalberry.com. A leader in Business Development solutions for attorneys as well as one of the nations top legal directories.