Divorce is never an easy decision. It’s probably one of the most emotionally taxing experiences that a person will ever have to face. The process of getting a divorce is far more complicated than it may seem. After creating a life together, you and your partner must untangle it. Making decisions such as who gets the dog to who has custody of the children to who gets to keep the house. This is where our professional San Diego Divorce Lawyers can help. With an experienced and dedicated attorney by your side, you can quickly resolve any issues such as spousal support, alimony, child support and custody, the division of assets and more.

Ending A Marriage in San Diego

a woman contemplates if she should get a divorceThere are three ways for couples to end their marriage in California.

  • Legal Separation
  • Annulment
  • Divorce

Legal Separation in San Diego

A legal separation is an arrangement by which a couple remains married but live apart and follow a court order. It’s important to understand that legal separation does not always end in divorce. Legal separation is a great alternative to divorce, especially if the couple is financially intertwined or if they do not want to become divorce for religious reasons. Legal separation allows to couple to enjoy the benefits of being married but not having to share the day to day life together.

If the couple also feels that there’s a chance of reconciliation, legal separation is the way to go. Or if they know they will be heading towards divorce, attaining a legal separation will allow the couple to live separately during the divorce proceedings.

Grounds for Annulment in San Diego

An annulment is slightly different than a divorce because it declares that the marriage was never legal from the start. Some common grounds for annulment include:

  • party is already married or in a domestic partnership
  • parties are blood relatives
  • party/parties entered marriage in “unsound mind”
  • party filing for marriage was under 18

Filing for Divorce in San, Diego California

A divorce is the legal dissolution of a marriage by a court. In California, no one can be at fault for the divorce. The divorce is considered mutual. In no-fault states, such as California, grounds for divorce is usually irreconcilable differences; differences that have led to the couple having an unrepairable marriage. Another but less common ground for divorce is permanent legal incapacity, but requires substantiated proof that such a condition exists.

Another requirement for filing for divorce in California is residency. This means that at least one of the parties involved have lived in California for at least six months and specifically within the county where the divorce is being filed. So for example, to file for divorce in San Diego, one of the parties must have lived in San Diego for six months and file for divorce in San Diego.

Same-Sex Divorce in San Diego

Same-sex marriages have a slightly modified requirement. A divorce may be filed in California even if neither of the parties involved are residents of California as long as the marriage itself was filed in California and neither of the parties live in a state that offers same-sex marriage so they cannot legally dissolve it at their current residence.

Other Areas of Divorce Law

A divorce lawyer can you in many more ways than just helping you fill out the necessary paperwork to end your marriage. Other practice areas that we have experienced and dedicated attorneys in are:

  • Child Custody
  • Child Support
  • Child Visitation
  • Collaborative Divorce
  • Spousal Support
  • Division of Assets and Debts
  • Domestic Violence
  • Paternity
  • Prenuptial Agreements

Family Law Frequently Asked Questions in San Diego

How long does it take to get divorced?
In a perfect world, a divorce should take 6 months, assuming that the couple ends their marriage amicably and makes decisions easily. However, especially in high asset divorces or couples with children, divorce can be a long process. Hiring a lawyer can expedite the process. 

Will I have to contribute to my spouse’s attorney’s fees?
It is up to the discretion of the judge on whether or not you will have to pay your spouse’s attorney’s fees based on your salary and overall income.

How does the court determine custody?
There are two types of custody; legal and physical. Legal custody is the right to make decisions about the child’s health, education and overall welfare. Physical custody is the amount of time spent with the parent. The court usually decides physical custody with the best interest of the child in mind.

Can I move with my child out of San Diego during the divorce process?
In order to do so, you will need a court order or written agreement from your spouse.

Contact San Diego, CA Divorce Lawyers

If you are thinking of filing for divorce or have any questions regarding family law in San Diego in California, feel free to contact us. Our dedicated divorce attorneys have the experience and passion for helping many families during this difficult time.