Divorce in the state of California can be an overwhelming, complicated and an often times consuming process. It’s best to have an understanding of the law and process before deciding to go through a divorce. This page offers up some basic information about the family law process & procedure involved in getting a divorce here in San Diego.
Divorce is a difficult and important process. Our San Diego divorce attorneys work to secure your best interests and assets during the process. Contact us today for more information pertaining to divorces.
- Mediation is a great option for couples that are able to sit down and agree to something that works for both parties.
- Litigation is needed when an agreement can’t be reached – this option is usually more time consuming and costly than a mediated divorce.
Many divorce issues can be complex and difficult to work through while dealing with a variety of emotions. Our Divorce Mediation services will help you get through this rough time, we can resolve issues ranging from:
- Divisions or buy-outs of interests in family businesses either when the business was opened before marriage or during marriage
- Complex valuation issues of the marital estate
- Issues relating to retirement benefits, stocks and bonds, social security, and health insurance
- Securing spousal support in a long term marriage where one spouse stayed at home
- Obtaining custody orders allowing both parents equal access to the children
- Division of military retirement benefits and survivor benefits
- Allocating debt between both parties or dissolving through a bankruptcy
- Calculating income available for support when one spouse is self employed
- Division of the marital residence
Even in the simplest of circumstances, divorce is an emotional event and it can take a huge toll on all involved parties. Our family law attorneys understand how important yet difficult this process can be, we’ll work to support you and protect your best interests through a collaborative approach. We’ll sort out these complex legal issues so you can focus on what really matters.
To file for divorce, one spouse must have lived in California for the last six months, and the county where the action is filed for the last three months. Spouses who have lived in California for at least six months, but in different counties for at least three months can file in either county.
Joint or sole custody may be awarded based on the best interests of the child and other factors that include 1) the preference of the child, 2) the desire and ability of each parent to allow an open and loving relationship between the child and the other parent, 3) the child’s health, safety and welfare, the nature and contact with both parents and 4) the history of alcohol and drug use. Marital misconduct may be considered.
The national divorce rate is about 50 percent. In California, it’s 60 percent.