San Diego Divorce Attorney
California Divorce and Separation Overview
Divorce isn't just the end of your marriage - it’s a life-changing event. Your divorce doesn't just affect you and your spouse; it will have long-term effects on your family and friends. Your divorce will address major issues like child custody and visitation rights, child support, alimony payments, and the division of property and assets. Divorce is a complex process that demands a cool head and emotional support.
Alimony, child custody, and child support are issues that can be difficult to settle. Other complicated issues can arise depending on other factors. For example, if you're entering a high-asset divorce, or if there are financial issues involving business ownership, stock options, property, investments, or retirement accounts. No matter your specific situation, you'll have to make many tough decisions about your present and future.
Huguenor Mattis, A.P.C. is ready to help you through the legal issues surrounding your divorce. Our experienced San Diego divorce attorneys can help protect your rights and your family's best interests. Our founder, Thomas M. Huguenor, is a board-certified family law specialist with nearly 40 years of experience handling divorce cases. We have secured satisfactory results for many Southern California families. You can reach us at (858) 458-9500 to discuss your legal rights.
Considering All Options in San Diego
There are some options you may want to consider before getting a divorce. If you've been married for less than five years, don't have children, don't own a home, and your community property is valued at less than $25,000, you may be able to seek a summary dissolution instead of a divorce. A summary dissolution can keep you out of court and doesn't require the same amount of paperwork. Other options instead of divorce include annulment and legal separation. An annulment can be pursued for people whose marriage could possibly be illegal. Legal separations are appropriate for couples who want to divide assets and property, but not go through divorce proceedings. To discuss which option might be best for you, contact Huguenor Mattis, A.P.C..
If you decide to proceed with a divorce, you'll need to buy a marriage dissolution form packet at a San Diego County Superior Court. Then, your divorce attorney can prepare your divorce petition.
Understanding the California Divorce Process
While each divorce situation is unique, there are common steps that happen during the divorce process:
- Finances will have to be disclosed: You will have to share financial information like your income, expenses, debts, and assets.
- Agreements will have to be made: No matter if your divorce will be mediated or taken to court, you'll have to decide how to divide property and assets with your ex-spouse.
- Hearings might be needed: Your divorce will take time, so any decisions that need to be made before the divorce is finalized - like child custody issues - will require hearings. These hearings will establish temporary agreements to put in place before the divorce agreement is finalized.
- You might go to court: If you can't work out your divorce agreement amicably, or mediation isn't for you, the court may need to make divorce decisions for you.
- Your spouse might not respond to the divorce: Just because you file for divorce doesn't mean that you're automatically divorced. Your spouse has to file a response to your divorce filing. If he or she doesn’t respond to your divorce filing, a default hearing may be needed to start your divorce proceedings.
- Your divorce isn't final yet: Your divorce is not official until six months after your spouse was delivered your divorce petition, and the Court has issued a Judgement of Dissolution of Marriage.
Grounds for Divorce
In California, only two legal grounds for divorce are recognized. If you are looking to end your marriage, you must cite either irreconcilable differences or incurable insanity as the reason. Since San Diego is in California, which is no-fault divorce state, neither party is required to prove there was any wrongdoing which resulted in the breakdown of the marriage. The concept of irreconcilable differences refers to any substantial disagreement between the couple that is deemed too great for them to continue in a marital union. Incurable insanity, also known as the permanent legal incapacity to make decisions, means one spouse has been identified by a medical professional as being incapable of making decisions on his/her own. These cases will require the petitioning spouse to provide testimony from the healthcare expert who asserts the other spouse cannot be cured.
Residency Requirements for Divorce in San Diego
In order for a California court to accept a petition for divorce, there are strict residency requirements that must be met first. Before you can file, either you or your spouse must have lived in this state for at least six months and resided in the county where you’re filing for three months. If neither of you meet the county guidelines, you have the option to file in the county you previously lived in. If you haven’t lived in California for the required length of time, you can wait until you meet the requirements or file for a legal separation and follow up with an amended divorce petition once you’ve reached six months.
Common Ways San Diego Divorces Are Settled
- "Kitchen table" agreement: This is an expression that refers to you and your spouse sitting down and settling on a divorce agreement together. In a kitchen table agreement, you and your spouse divide property (house, cars, retirement accounts, etc.) and debts. Couples with children can also decide between themselves on how to share child custody. These agreements can also settle child support and spousal support (alimony) arrangements. These agreements will still need the help of an experienced San Diego divorce attorney to properly file with the court. Your attorney can help you avoid costly mistakes.
- Attorney negotiation and litigation: In these situations, you and your spouse each hire an attorney and these attorneys handle your case. Many of these cases are settled through negotiation. In these situations, attorneys come to an agreement that is beneficial for the couple divorcing. Litigation is a little bit more complex and involved. In these situations, your attorneys take the case to trial and a judge makes all the divorce agreement decisions.
- Mediation: In these arrangements, you and your spouse mutually select a neutral person (usually an attorney) to help you come to a settlement. The mediator isn't a judge. The mediator doesn't make any legally binding decisions. What the mediator does is provide the opportunity for the couple to discuss their needs outside of a courtroom. The mediator will suggest options for a divorce settlement. If a mediation is successful, the couple will sign a Marital Settlement Agreement that ends their marriage and divides property and assets without going to court.
Divorce Law Areas Huguenor Mattis, A.P.C. Handles
- Legal separation
- Child custody and visitation
- Spousal support
- Division of community property and assets
- High asset divorce
- Contested divorces/Uncontested divorces
- Gray divorce
San Diego Divorce Lawyers Provide the Help You Need
Divorce isn't fun or easy. You need the experienced legal guidance of a strong San Diego divorce attorney to get you the divorce agreement you need to move on with your life. We've helped many people protect their rights, assets, and future. If you have any questions about the California divorce process, contact Huguenor Mattis, A.P.C. For a free consultation, call (858) 458-9500.
San Diego Divorce FAQs
Q: What’s the difference between a divorce and a legal separation?
A: Legal separations include all the same proceedings as a divorce (such as division of assets) without actually terminating the marriage. In cases of legal separation, both spouses must agree to it, and once it is filed with the courts, there is no waiting period.
A divorce is different in that both spouses do not need to agree to it. If one spouse wants to end the marriage, he or she will be able to do so. However, unlike a legal separation, there is a six-month waiting period that all couples must go through before their divorce is finalized.
Couples that opt for legal separation over divorce can still get a divorce at a later date, if they wish. It’s important to remember, though, that the issues resolved during the course of legal separation (for example, custody and visitation agreements) will still be the final decisions made in a divorce.
Q: Why choose a legal separation over a divorce?
A: There are many reasons why a couple would decide to get a legal separation over a divorce. They include:
- The couple is opposed to divorce for moral or religious reasons.
- One spouse is about to become eligible for his/her spouse’s government benefits.
- One spouse would like to continue receiving his/her spouse’s healthcare or insurance benefits.
- The couple would like to continue receiving certain tax benefits only available to married couples.
- The couple would like to take some time to see if reconciliation is available.
- The couple thinks it best to keep peace in the family, particularly if children are involved.
Q: If my spouse or I had an affair, how will this affect the divorce proceedings?
A: California is a no-fault state. Because of this, no one spouse has to be found “at fault” before the other spouse files for divorce. In San Diego, couples usually state irreconcilable differences as the reason for their divorce. This simply means that there was a problem or disagreement so big in the marriage that the two people were unable to resolve it. It does not matter what the issue is; only that the couple would like a divorce.
Q: How long does it take to get a divorce?
A: In California, there is a six-month waiting period after filing before divorce proceedings continue. This means that any divorce will take at least six months, but contentious cases take much longer. It could be up to eighteen months from the time of filing before the divorce is considered final.
Q: Do I really need an attorney to represent me?
A: Getting a divorce may sound very simple - it’s just ending a marriage. But it can quickly turn into one of the most complicated events you will encounter in your life. Not only are there assets that need to be divided, but going through a divorce is also very emotional and stressful, especially if children are involved. By making sure you have proper representation through a divorce attorney, you will be able to hand off some of those matters while you take care of yourself and your family.
In addition to this, even if you don’t get an attorney, there’s a good chance your spouse will. Your spouse’s attorney won’t be interested giving you a fair settlement, and you may be too emotional to even recognize it, or fight it. Having an attorney by your side will ensure you’re treated fairly, and that the life-changing decisions that will be made won’t haunt you for the rest of your life.
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