Filing for divorce in San Diego simply takes preparing the petition for dissolution stating what the issues to resolve are.  If you have children, you will also file a declaration that San Diego has jurisdiction by providing where they lived for the last 5 years.

There is also a filing fee of $435 that must be paid at the time of filing.  After filing, you are required to do your financial disclosures and exchange with the other party before your case will progress.

A divorce attorney is necessary when you are feeling overwhelmed by the process or when you do not know what your rights are.  Many people going through a divorce are also working full time or caring for their children, it is hard to find the time to complete all the required paperwork. Also, you could have a spouse that is trying to minimize the amount of assets there are to divide and you may not know what questions to ask or what you are entitled to.  It is always best practice to have a divorce attorney you can consult during the process.

A divorce will take at least 6 months to finalize as that is the cooling off period the court requires.  If the parties have completed everything that is required and have reached a full agreement that is signed and ready to file, you could be done as early as 6 months from the date of service.  However, that is not common.  Generally, it takes about a year to a year and a half to finalize a divorce if there are children and support issues to resolve.  The more the parties work together to resolve their disputed, the quicker their case can be finalized.

An average retainer for a divorce attorney is $5,000.  This amount goes into your client trust account and is used to pay your filing fee, service fee, and to get your paperwork started and filed with the court.

No, you do not have to go to court to get divorced.  Many people never step foot inside the courthouse during their divorce.  It is very common to resolve all issues amicably and by way of agreement.  Also, if you have an attorney, your attorney will appear at all hearings on your behalf which is part of the reason to hire an attorney.

When you and your spouse file for a divorce, you are essential asking for a judge to end your marriage, allowing you to legally separate and divide your finances and assets between yourself and your spouse. In contrast, when you apply for a legal separation, you draft a settlement agreement with your spouse that will explain the responsibilities and rights each spouse maintains despite living apart

An annulment is a potential alternative to divorce only when there’s reason to question the validity of the marriage.  Immediate regret and disappointment are not legal bases for annulling a marriage.  Depending on the basis for the annulment, a judge may either declare the marriage to have been unlawful from the outset (a “void” marriage), or to have been valid until formally annulled by the court (a “voidable” marriage).

If your divorce has been finalized in a California court, you must complete an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order asking the divorce court judge to restore your former name. You can find the form online or visit your county clerk’s office to fill out the form in person.

Start by making a checklist. It will not only help you get your thoughts in order, it can be emotionally calming, as well. A sense of purpose goes a long way in instilling confidence during a divorce. You want to gather together documents that will be used to determine your family’s expenses, property, assets and debts.