San Diego Divorce Attorney

Providing Legal Guidance During the Divorce Process

If you’re ready to divorce or legally separate from your spouse, you need legal support from a San Diego divorce lawyer who has assisted countless clients through contested and uncontested divorces. At The Law Office of George Gedulin, our experienced divorce attorneys understand the overwhelming emotions that may come with ending a marriage and are therefore sensitive to the related family law matters.

At our law firm, we’re proud to say our proven San Diego divorce lawyers will be here to guide you through this challenging time while protecting your rights. Divorces can be extremely complicated, so we recommend you enlist family law help from our experienced divorce attorneys as soon as possible. Call our San Diego County legal team today for a free case review before you make any significant decisions regarding your marriage and family as a whole.

What Family Law Issues Do You Need to Address Before You File for Divorce in San Diego County?

The legal definition of divorce is the dissolution or termination of a marriage by a court or other competent body. It is a process by which a married couple ends their marital relationship and frees themselves from the legal obligations and responsibilities of marriage. If this is your intention, you should get legal advice from a skilled divorce attorney to help you with the many legal matters you’ll have to address during your San Diego divorce case.

Either spouse can initiate a divorce in California, and since it’s a no-fault divorce state, you don’t have to spend time in court trying to prove your spouse did anything to warrant your desire for a divorce. Instead, you can say there were irreconcilable differences, which is a simplified way of saying the marriage is broken beyond repair and you wish to legally end it.

Most divorce cases require the spouses to agree on several family law issues, depending on whether they have minor children and property together. These legal matters often include:

Property division
Spousal support
Child custody
Visitation
Child support

These are some of the most common issues that our team can help resolve in a divorce settlement. However, some cases involve unique challenges, such as domestic violence or questions regarding the rights of grandparents. We understand that divorce is not only a complex legal process but an emotional journey as well. Our compassionate San Diego divorce lawyers are here to support you through each step. Reach out today to begin getting the legal and emotional support you deserve.

What Are the California Divorce Requirements You Must Meet?

To file for divorce in California, married couples must meet certain requirements. An experienced divorce attorney serving San Diego can review the details of your case to ensure that you and your spouse meet the following requirements to get divorced in this state:

Residency requirements: You or your spouse must have been a resident of California for at least six months prior to filing for divorce. Additionally, you must have been a San Diego County resident for at least three months before filing for divorce in the San Diego Superior Court.
Legal grounds: California also recognizes legal separation, a process that does not end the marriage but does divide the couple’s property and debts. It can also make provisions for child custody and support if you share children who are under the age of 18. Legal separation may be preferable for couples who don’t want to divorce for religious or other personal reasons but want to live separate lives after the marriage has broken down.
Jurisdiction: California must have jurisdiction over both spouses to grant a divorce. The process can become complicated if one spouse lives in another state or country.
Agreement on key issues: Both parties will need to agree on the key issues of the divorce, including property division, spousal support, child custody, and child support. A judge will make decisions for the divorcing couple if both parties cannot agree on these family law issues outside of court.
Filing and service: The spouse who wants to initiate divorce in San Diego must file a petition for dissolution of marriage with the court and provide the other spouse with a copy of the petition and a summons.
Waiting period: California has a six-month waiting period from the time the petition is filed until the divorce can be finalized. This waiting period is intended to allow both parties time to reflect and make decisions about the future.

These are some of the key requirements for obtaining a divorce in California. It is important to consult with a qualified family law attorney who can guide you through the process and ensure that your rights are protected. If you’re unsure if you meet California’s residency requirements, need help coming to an agreement on family law issues, or have other concerns regarding the legal process, call our caring San Diego divorce lawyers for guidance through your case.

How Do You File for Divorce in Southern California?

Once you decide to proceed with a divorce in San Diego County, you must begin the filing process, which requires attention to detail, preparation, and patience. You should expect to fill out numerous forms that will request some crucial information regarding your marriage and your plans on how to handle family law issues. You will then need to file these papers with the San Diego Superior Court and pay the required court filing fee. If this process sounds intimidating, let our San Diego divorce attorneys help you comb through each form to ensure everything is properly filled out and filed.

To file your divorce case in San Diego, you must follow four steps:

Complete all court forms: To effectively file for a divorce, you must complete several forms. You must ensure that all information is complete and correct, as it affects how your case progresses. The documents you may be required to complete include:
- Petition: On this document, you indicate to the court that you are requesting a divorce.
- Summons: This form contains the conditions you and your spouse must abide by during the divorce proceedings. For instance, you may have limits on what you can do with your property.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: You must complete this document if you have minor children with your spouse. If you are seeking a court-ordered visitation and custody arrangement, you have the option of submitting the Child Custody and Visitation form.
File all forms with the court: You must submit the originals and copies of all completed forms to the clerk in the county where you’re seeking a divorce. At this time, you must also pay a filing fee.
Serve the first set of court forms to notify your spouse of the divorce: Before a judge can make any orders concerning your divorce, your spouse must be notified that you have filed to dissolve your marriage. You must “serve” them with copies of the forms you filed with the court, also called divorce papers. You cannot do this yourself, but you can have an adult friend or relative do so. You may also ask the county sheriff or a process server to deliver the documents to your spouse so they’re informed of your intention to legally end the marriage.
Complete and serve your financial disclosure forms: As part of the divorce proceedings in San Diego, you and your spouse must document all the assets and debts you share. This is required for property division purposes. You must submit your financial disclosure forms to the court within 60 days of filing your divorce petition in San Diego County.

Upon filing, you must see if and how your spouse responds and whether the two of you can agree on family law issues. There are different procedures to follow depending on whether or not your spouse files a response with the court and whether or not you have agreed. If you can agree on important legal issues outside of court, you’ll have an uncontested divorce, which tends to go faster and more smoothly than a contested divorce in which the judge must get involved. Either way, experienced San Diego divorce attorneys can help you comb through the details and ensure you are not being taken advantage of during divorce or legal separation, so call us today.

How Will Your Property Be Divided During Divorce?

In California, when two people get married, any property and debt they acquire during the marriage is community property, which is also referred to as marital property. Upon divorce, marital property is divided fairly and equally between both spouses. This may mean you each get half of the marital assets or debts split equitably. For instance, if you get a house, which is considered a high-value asset, you might also get a line of credit with a high balance to even out the distribution of debts and assets.

On the other hand, anything a person owned or owed before the marriage began is considered separate property. These types of debts and assets are not divided in the divorce, so you keep what you had before getting married and your spouse keeps what they had. So, if you bought a car before you got married, it will likely be treated as separate property during the divorce, meaning you don’t have to share its value with your spouse. The same rule applies to inheritances, student loans, and personal injury settlements, though some exceptions exist.

In fact, property division is often a complicated aspect of divorce proceedings. Even though this is a community property state where marital assets and debts are supposed to be equally shared, it’s not always clear what counts as community property and marital property. In addition, even if you and your spouse can agree on how your property and debt should be divided, the decision is only final once a judge reviews and signs off on it. So if you’re unsure if your rental property, retirement benefits, and other assets are separate or marital property, call a skilled San Diego divorce lawyer for legal assistance with property division.

How Long Does the Divorce Process Take in San Diego, CA?

The time it takes to complete a divorce in California can vary depending on several factors. Generally, the minimum time to finalize a divorce in California is six months, which is the required waiting period after the petition for dissolution of marriage is filed. However, most divorces take longer than six months to complete, even when the couple agrees on most legal matters in an uncontested divorce. Of course, contested divorces can take years to be finalized, assuming it takes that long for the divorcing couple to come to an agreement on important issues.

The factors that affect how long your San Diego County divorce will take include:

The complexity of the issues involved: If the parties have significant assets, debts, or property to divide, or if there are disagreements over child custody or support, the divorce process may take longer.
Whether it’s a contested or uncontested divorce: If the parties can reach an agreement on all key issues in an uncontested divorce, the process may be quicker than if the parties dispute one or more of them in a contested divorce.
Court backlog: The time it takes to schedule court hearings and have documents reviewed by a judge in San Diego can vary depending on the court’s caseload and the judge’s availability.
The degree of cooperation between the parties: If both parties can work together and communicate effectively, the divorce process may be quicker than if there is significant conflict and disagreement.
Attorney involvement: If family law attorneys represent the parties, the time it takes to complete a divorce may be longer than if the parties represent themselves.

Once your divorce is finalized, you may still have a few things to take care of. If you have a will in which your ex-spouse is a beneficiary, consider altering it after the divorce. You should also close shared banking accounts, adjust your income tax withholding status, change the title on shared vehicles, and more. Ensuring all ties with your former spouse are cut will help you start fresh with your personal life and move on from your divorce. If you’re ready for this fresh start, contact our San Diego divorce lawyers to begin your case.

Who Gets Spousal Support in San Diego?

In some California divorce cases, one spouse is ordered to pay their former spouse a specific amount of money to ensure they don’t struggle to pay their bills once the marriage is over. This is typically only the case when there is a clear difference in income between spouses, so if you both make the same amount of money, your case likely won’t involve spousal support. If you think it may be necessary for your case, your San Diego divorce lawyer will help with the details of this family law matter.

The family law courts in California can order either temporary or permanent spousal support. Temporary support only lasts until the divorce is final, ensuring the spouse who receives the money can afford to pay their bills as they come to terms with being the only income earner in their household. Once the divorce is final, the recipient of temporary support has had at least six months to find a job that pays enough to be self-sufficient. In addition, the property division phase is over by then, so they know which assets and debts they can keep. If they still aren’t able to support themselves once temporary alimony ends, they can ask about permanent alimony.

Permanent spousal support usually lasts for years, not months. It’s meant to help the recipient not only support themselves, but also maintain the same standard of living they had during the marriage. To get this type of support, it must be clear to the judge that your earning capacity is substantially lower than your spouse’s. For instance, if you did not attend college or have never had a job while your spouse worked, it could take a few years for you to gain the training and job skills to earn the amount of money that was available to you during the marriage. During this time, your spouse may be ordered to pay you spousal support until you make more money on your own.

If you’re entitled to permanent support, the amount you’re owed and how long you’ll be supported depends on several factors, including how many years your marriage lasted and how long it takes for your income to increase. In general, if you were married for under ten years, your alimony will last for about half the duration of the marriage. If your marriage lasted more than ten years, you could get alimony for five years or longer. Skilled San Diego divorce lawyers can tell you what to expect regarding financial support from your spouse, so contact us to get the answers you need.

Do You Need Legal Assistance with Child Custody and Child Support?

If you and your spouse have children, you’ll need to agree on child custody and child support issues before your divorce is final. A San Diego family lawyer can guide you through the complex, emotional process of determining how much time you’ll spend with your children after the divorce and how much money is required to raise them.

Before you begin your custody case, it’s important to know that you’ll have to determine both legal and physical custody. Legal custody lets you get a say in how your children will be raised, as you’ll get to decide on important details involving their education, healthcare, and religion. In most divorce cases, the parents share legal custody unless the judge decides it’s not in the child’s best interests for both parents to make these decisions.

Parents can also choose to share physical custody, which means the children live with both parents part-time. Depending on the custody arrangement, they might live with one parent during the school week and go to the other parent’s house on the weekend, or they might switch homes every few days. If you pursue sole custody of the children and the judge agrees that this is in their best interests, the other parent will likely get visitation with them so they can remain in their lives.

Depending on the custody arrangement, you or your former spouse might have to pay child support. In most cases, the parent who has more time with the children – often called the custodial or primary parent – will receive child support from the other parent. However, this decision will depend on a few factors, including each parent’s income, how many children they’re financially supporting, and how much their basic needs cost. If you and your former spouse can’t agree on financial support for the children, a judge will make this decision for you in court.

Child custody disputes are common in family law cases involving minor children, since both parents usually want more time with their kids. Considering the amount of emotion that goes into this issue, it’s best to get legal advice from San Diego, CA divorce attorneys who have helped countless clients with everything from serving divorce papers to determining who gets custody of the children. Contact our trusted family law practice in San Diego today to get quality legal services for your family law case.

Are You Ready to Hire a San Diego Divorce Attorney?

The compassionate San Diego divorce lawyers at The Law Office of George Gedulin are here to fight for you during your case. We know how intimidating it can be to discuss sensitive family issues inside the courtroom, so our caring divorce attorneys always strive to settle family cases outside of court to prevent further hurt and stress during this major life adjustment. We can even assist you in exploring alternative dispute resolution options, such as mediation or collaborative divorce, both of which are meant to keep you out of the courtroom when possible.

At our San Diego law office, we’re proud of our proven record of success, vast knowledge of California’s divorce laws, and extensive trial experience in both criminal defense and family law areas. This means no matter what the specific details of your legal case are, our experienced San Diego divorce lawyers are here to help you navigate through this overwhelming time in your life. If you’re looking for the right divorce attorney to successfully handle your San Diego family law case, call 858-943-6591 today to schedule a free initial consultation with a trusted legal team.