Encinitas Divorce Lawyer

California has long had a reputation for having high divorce rates. At times, it has even had the highest divorce rate in the country. Encinitas has not been immune to divorce tendencies in California; 9.6% of Encinitas residents are divorced. If you are filing for divorce in Encinitas, you need help navigating the confusing and complicated California divorce laws. Contact Boyd Law for more information about how to proceed with your petition for divorce.

Why Choose Boyd Law?

Choosing the right divorce lawyer for you is never an easy decision.

Fortunately, the attorneys at Boyd Law have decades of legal experience specifically handling family law matters including child custody, divorce, and high-asset divorce. We have also served the San Diego and surrounding areas since 2008.

Additionally, when we choose to take on your case, no case is the same. Every case we take needs to have a tailored strategy that can meet your needs and to get the outcome that you deserve.

When you choose Boyd Law to take on your divorce case in Encinitas, your legal work will be completed for you so you can focus on your healing during this hard time in your life. So if you’re looking for necessary and relevant family law experience, trust Boyd Law to achieve a favorable outcome on your behalf.

Testimonials

“Great experience overall having Matt Cadwell as my attorney. Matt understands his client, very insightful and is an expert in his field. Truly a professional and marvelous individual.”

– Steve

“My experience with Boyd Law was excellent. My attorney, Matt Cadwell, gave my case all the time and attention that was needed to be successful in court. He was a calming and confident presence during very difficult court proceedings. Although I acquired his services through the Modest Means Program, I never once was treated as anything other than a valuable client by Mr. Cadwell. I very much appreciate the knowledge and support I received through Boyd Law.”

– Tori

“Matt Cadwell helped me finish a long time case I’ve been trying to wrap up for years. He was completely understanding, professional and worked very diligently to the end and I’m so grateful! Highly recommend!!”

– Kimberly

Meet Lead Attorney Karie Boyd

Karie Boyd, CEO & Founder of Boyd Law is here to help you during a difficult and contentious divorce case. She has been in the practice of family law for over 15 years and she knows how to advocate for your rights.

Karie is also a Certified Family Law Specialist (CFLS), which is an additional certification from the California State Bar that focuses specifically on family law matters. So if you’re looking for an attorney in Encinitas that can fight for you, trust Ms. Boyd to handle your case properly.

Divorce Eligibility Requirements In Encinitas

To be eligible for divorce in Encinitas, you must adhere to the California divorce requirements. You or your spouse must have lived in California for at least six months prior to filing. You or your spouse also must have resided in Encinitas for at least three months immediately before you file for divorce.

The grounds for your divorce must stand on one of two principles: An irresolvable issue that has been slowly tearing apart your marriage, or you or your spouse suffering from insanity. You can prove insanity by bringing in medical or psychiatric professionals to testify. Insanity is applicable if your spouse was insane when you filed and is still insane throughout the proceedings. A San Diego divorce lawyer at Boyd Law can help you navigate California divorce requirements.

How Is Property Divided After A Divorce?

California is a community property state, which means that it is a state that automatically divides any joint properly evenly between the two spouses. The only property that remains completely under one person’s control is separate property. Separate property is anything that you or your spouse obtained prior to the marriage or was a gift or inheritance.

Can I Protect My Property?

California’s community property law makes it especially important to know how to protect your hard-earned assets as much as possible in a divorce. Asset protection can begin long before there are problems in your marriage. Creating a valid prenuptial or postnuptial agreement can allow you to organize how your property will be divided should your marriage someday end. A prenup can also help you avoid being allocated a portion of your spouse’s debt in a divorce.

You can also protect your assets by avoiding commingling during your marriage, or the mixing of you and your spouse’s separate property. If your assets are already commingled and you do not have a prenup, a divorce attorney from Boyd Law can still help you protect your property as much as possible with smart legal strategies and creative solutions. We can customize a plan for your unique needs and property division goals.

Child Support Requirements In Encinitas

The court decides on spousal and child support for each case based on a variety of factors. Spousal support is based on the length of the marriage, the needs, and abilities of each spouse, income, how much each spouse helped the other, and various other factors. Spousal support will continue until the court order is over, one of the spouses dies, or one of the spouses remarries.

The court calculates child support based on monetary, emotional, and physical worth. Some of the factors that the court will consider for child support include each parent’s income, how much time each parent puts into the child, how many children the parents have together, and other relevant factors.

Will Child Custody Be Determined In A Divorce Case?

Child custody is one of the most important decisions that the court must make in a divorce case. The court looks at many factors, so it can be certain to choose the best situation for the child. It could award sole custody if one parent is clearly more capable or joint custody. The court will take factors such as income, emotional connection to the child, and living environment into account when deciding how to rule on custody.

When Is Alimony Awarded?

Alimony, also known as spousal support or spousal maintenance, is available in a California divorce case when there is a large disparity between how much money each spouse makes. An alimony award may require the higher-earning spouse to pay the lower earner to maintain the standard of living that the latter enjoyed during the marriage. The amount awarded and how long alimony payments will last depend on the circumstances.

Can I Modify A Divorce Order?

Whether or not the courts allow you to modify an order connected to your divorce depends on the situation. You must file a modification petition to officially make this request in the court that issued your original order. Then, you must attend a hearing where you provide proof that your circumstances have substantially changed since the court first gave the order. If you lost your job or suffered a significant demotion, for example, this may qualify you to modify a financial order, such as alimony or child support.

Do All Divorce Cases Go To Trial?

No, not all divorce cases have to go to trial in Encinitas, California. In fact, the majority of divorce cases are resolved through settlement agreements. Trials are generally viewed as a last resort, as they take more time and money than reaching an agreement.  

Achieving a settlement outside of court can involve many steps and alternative legal processes, such as:

• Negotiation: informal conversations that take place between the spouses through negotiation sessions that may or may not be facilitated by divorce attorneys. In a collaborative, uncontested divorce, spouses can resolve their differences through communication and negotiation.
• Mediation: informal meetings involving both spouses and a neutral third party (the mediator) to resolve marital issues and points of contention. Mediation encourages communication and cooperation between the parties so that they can reach a mutually acceptable solution.
• Arbitration: more formal meetings involving both spouses and an arbitrator, who can act as a private judge and – if agreed upon by both parties – make binding decisions on the issues involved in the case.
• Settlement conferences: in some cases, the courts may schedule conferences or hearings to facilitate settlement discussions between the parties and their attorneys. These meetings may involve court-appointed mediators.

There is no time limit on the settlement process. If you and your spouse are determined to avoid going to court, you can work with attorneys, mediators and arbitrators to help you achieve this goal. Working with an attorney early on in your case can help facilitate negotiations, compromises and agreements with less stress.

Contact an Encinitas Divorce Lawyer Today

Getting a divorce can have an extremely negative impact on your life. It can cause serious emotional trauma and financial damage, affecting your life for a long time after the proceedings are over. To prevent such destruction, you should hire an attorney. An attorney can help you get through your divorce as quickly and easily as possible, doing all he or she can to keep your financial status and relationships with your children intact. The attorneys at Boyd Law will fight with compassion for you. Contact Boyd Law for representation for your Encinitas divorce case.