Navigating a divorce, also known as dissolution in California, can be complicated and overwhelming, especially given the emotional implications of these situations. The good news is you don’t have to do everything on your own. In fact, a San Diego divorce attorney from the Law Office of Kevin Lemieux, APC can be there through every stage of the process, so you can focus on preparing for the next chapter in your life.
Our goal as your divorce attorney is to ensure you receive your fair share of the shared finances and any other assets. We can help you settle important aspects of the marriage, such as child custody and visitation, child support, and spousal maintenance. Contact the Law Office of Kevin Lemieux, APC by calling us at 619-488-6767 or sending in a form online to schedule a free consultation with a divorce lawyer in San Diego you can trust.
Requirements for Filing for Divorce in San Diego
In order to file for divorce in San Diego, you must first confirm that you’re eligible. For starters, you don’t need to prove any form of wrongdoing to get a divorce in California. The grounds for filing for divorce in the state can be irreconcilable differences, and fault by either party is not required. Having irreconcilable differences means the marriage has broken down and cannot be saved. A less commonly used ground for divorce in California is incurable insanity.
You also need to meet certain residency requirements. For example, you or your spouse must have been living in California for the past six months and in San Diego County for at least three months in order to be able to file for divorce.
If you want to start the process of getting a divorce but don’t meet the residency requirements yet, you can file for a legal separation instead and have the petition modified after the fact. This makes it possible for you to start making decisions about child custody and support, division of property, and spousal maintenance without waiting to get the official divorce.
How to File for Divorce in San Diego
When you file for divorce in San Diego, you can expect to go through the San Diego Superior Court. The time it takes to get through the process can vary from case to case, but it helps to understand what steps you must take, so you’re prepared when the time comes. Filing for divorce in California involves the following:
- Filing the Petition and Summons
- Disclosing finances and negotiating terms
- Going to trial (if necessary)
- Finalizing the divorce
File the Petition and Summons
The first step in filing for divorce in San Diego involves filing a Petition with the court and sending Summons to your spouse. They must respond within 30 days of this Summons. Otherwise, the proceedings can move forward without them, meaning the other spouse is likely to get a better deal from the divorce.
It doesn’t matter who files for the divorce. California courts do not show any preference for either party based on who requested the divorce. Be sure to handle everything within the time periods given to avoid challenges and setbacks.
Disclose Finances and Negotiate Terms
Once your spouse has entered the Summons, it’s time to begin drawing up an agreement that covers all the aspects of your marriage that must now be separated. Whether it’s custody of children, division of property, spousal maintenance, or an unexpected issue that arises during legal proceedings, have a comprehensive divorce agreement that protects your interests.
It’s possible to come up with a divorce agreement and have everything ready to go without setting foot in a court. When negotiating terms with your spouse, it’s often wise to have legal representation on your side to help guide you and keep you on the right track. If negotiating is unsuccessful, you can opt for arbitration instead.
Arbitration is essentially a more structured form of negotiation in front of a neutral third party that then makes a binding legal decision about the matter. Arbitration allows you to make unique and potentially unconventional decisions about your divorce that work specifically for you and your family.
Go to Trial (if Necessary)
If you still can’t reach an agreement through arbitration, it may be time to prepare for a trial. You can work with a divorce lawyer in San Diego from The Law Office of Kevin Lemieux, APC, and have us represent you. This way, you can focus solely on the aspects of your case and your future while we handle the complex legal side of it all.
Finalize the Divorce
Once you’ve come to an agreement or received your court-ordered decision, everything must be signed to finalize the decision. You can expect to wait at least six months from when you filed for the divorce before everything is finalized. This is a mandatory waiting period for all dissolutions in California.
Benefits of Working With a San Diego Divorce Attorney
You’re not obligated to work with a San Diego divorce attorney to get a divorce in California. That said, it’s almost always recommended that you do seek legal representation, even if you believe you and your spouse can reach an agreement.
No matter how good the terms you’re ending your relationship on, there are many opportunities for challenges to arise throughout the divorce process. It can be helpful to have dedicated representation in family law to help keep things on track when emotions threaten to turn negotiations sideways.
You may be wondering what to expect when you meet with your divorce attorney. At the Law Office of Kevin Lemieux, APC, we take this time to learn more about your situation and to answer any questions you may have about the legal proceedings to come. We can tell you more about ourselves and give you a chance to make sure we’re a good fit. It’s highly worth noting that this initial consultation is completely free.
Our San Diego divorce attorneys offer a wide range of family law services to guide you through every stage of your divorce. Whether you have one simple question or require hands-on support from beginning to end, you can count on our team to be there for you.
We can evaluate your case, launch our own investigations, negotiate deals on your behalf, and represent you in court if a trial ends up being necessary. Plus, we can help settle every facet of your divorce, including the following:
- Child custody and visitation
- Child support
- Property division
- Spousal support
It’s important to do your research when choosing your divorce lawyer in San Diego, so you can make the right choice for your case. Things to consider when hiring a divorce lawyer include the law firm’s experience level and years in business, as well as the areas of law they have practiced.
It’s recommended to get as specific as possible when figuring out what you want from your attorney. When filing for divorce in California, don’t settle for a simple family law attorney; reach out to someone who specifically handles divorce law in San Diego.
Frequently Asked Questions
Is California a Community Property State?
California is a community property state, which means it recognizes the difference between community property and separate property. Only property that you and your spouse obtained together is eligible to be divided in a divorce. This is known as community property.
Separate property refers to assets acquired before or after the marriage, as well as any inheritances. Commingled property can also be separated during a divorce. This refers to any assets that can be considered both community and separate property.
Is California a 50-50 Divorce State?
In addition to being a community property state, California is considered a 50/50 divorce state, which means that both spouses typically get half of all community property in a divorce. This form of property division operates under the assumption that both spouses put forth equal effort and financial responsibility for their shared assets. This can sometimes result in one spouse giving up property that is arguably theirs due to technicalities of ownership.
What Terms Must Be Settled in a Divorce in San Diego?
Every relationship is unique, so you can expect every divorce to be different, too. When you and your spouse begin drawing up the terms of your divorce, you must cover all the different types of assets you own together and make decisions about anything you shared while you were together.
Typically, divorce cases can involve handling things like child custody, child support, property division, spousal maintenance, and visitation rights. Negotiating with your spouse out of court can make it easier to come up with flexible and possibly more unconventional solutions to the issue on the table. Your San Diego divorce attorney from The Law Office of Kevin Lemieux, APC, can help negotiate on your behalf to reach the right solution for you.
What’s the Difference Between an Annulment, Divorce, and Legal Separation in San Diego?
Both divorce and legal separation are means of ending a valid partnership in California. A divorce, or dissolution of marriage, results in a permanent end to a marriage. After you get divorced, you’re able to remarry or become a domestic partner, and you have the status of a single person.
A legal separation, on the other hand, is a bit more like a trial run. You can determine things like child custody and support, division of property, and spousal maintenance while technically still being married. For most intents and purposes, you’re single, but you cannot get remarried or become a domestic partner to another person.
An annulment is unique because it claims a marriage wasn’t valid in the first place. There are many reasons why this can happen, and unlike divorces and legal separations, you must prove the motivations behind your decision before being able to file for an annulment.
How Long Does a Divorce Typically Take in San Diego?
The time it takes to finalize a divorce in California depends first and foremost on how quickly you and your spouse can agree on the terms of the end of your marriage. It’s wise to work with a San Diego divorce lawyer to help keep things on track.
Generally speaking, the longer your marriage lasted, the longer you can expect the divorce to take. Longer marriages usually involve more shared assets and intertwining finances, which can take a lot of time to sort.
On the other hand, summary dissolution is available for couples who have been together less than five years and meet a few other requirements. As the name suggests, summary dissolution is a simplified divorce process for couples with few assets and debts and no children. They must agree on all terms of the divorce.
There is a mandatory six-month waiting period for both standard divorces and summary dissolutions after filing for the divorce before the decision can be finalized, so you can expect to wait at least that long, even if you fly through the rest of the process.
Contact a Divorce Attorney in San Diego to Start Strategizing Today
Going through a divorce can be stressful and overwhelming, especially if you’re trying to shoulder everything on your own. Even a no-contest divorce can involve its own challenges, which is why it’s highly recommended to consider working with a San Diego divorce attorney, no matter what your divorce case may entail.
Our team at the Law Office of Kevin Lemieux, APC has over 21 years of experience navigating family law cases, and we’re confident we can get you through your divorce and ready to start the next chapter of your life.
Kevin Lemieux, the firm’s founding attorney and Certified Family Law Specialist, has helped hundreds of people throughout California with their family legal needs, and he’s ready to put his experience to work for you. If you’re ready to discuss your situation in more detail, contact the office to set up a complimentary appointment with a San Diego divorce attorney today. You can either submit an online form or reach the Law Office of Kevin Lemieux, APC at 619-488-6767 for a free consultation.
Our San Diego divorce attorneys offer a wide range of family law services to guide you through every stage of your divorce. Whether you have one simple question or require hands-on support from beginning to end, you can count on our team to be there for you.
