Practice Areas

Chula Vista Divorce Attorney

Divorce in Chula Vista

According to state statistics, 11% of the females and 7% of the men in Chula Vista are divorced. California has always had a reputation for more divorces than other states. Decades ago, it had the highest divorce rate in the United States. Each California city struggles with divorces. Chula Vista is no exception. If you are going through a divorce in Chula Vista, the divorce attorneys at Boyd Law serving San Diego can help you navigate the complexities of California divorce law and provide you with experienced representation for your case, contact us today for a free consultation.

Requirements for Filing

Divorce in California is also referred to as a dissolution of marriage. To file a petition for dissolution of marriage in the state, you or your spouse must have lived in California for at least six months before filing. For divorce in Chula Vista, you or your spouse must have lived there for at least three months in the time immediately before you file for divorce.

Grounds for Filing

Along with meeting the requirements, you must have certain grounds for filing for divorce in California for the court to accept your petition. The final goal must be for both spouses to return to unmarried states. There are two options for filing for divorce in the state: irreconcilable differences that tore the marriage apart or incurable insanity. Incurable insanity applies when your spouse was insane at the time of filing and continues to be insane throughout the proceedings.

Distribution, Custody, and Support

California is a community property state. Community property states divide all joint property evenly between the two spouses. Community property is anything that you and your spouse acquired during the marriage, anything jointly owned or any tenancy that you both hold. The court will split debts that developed because of joint needs, needs for the child, or general necessities for the household depending on each party’s ability to pay. Each spouse is responsible for any debts that he or she acquired for personal use.

Either party can gain child custody. The court can award full custody, joint physical custody, or joint legal custody. It will determine custody depending on a variety of factors including the health of the child, the parents’ histories, each parent-child relationship, and many other things.

California courts use a formula to calculate child support. The formula depends largely on the income of each parent, any debts that he or she has, and various other financial factors. The court may also award child support for special needs expenses such as traveling for visitation and the child’s education. Parents have the right to agree on a support amount that is different from the court’s suggestion if they both fully agree and understand the deal, and if it is in the best interest of the child.

Chula Vista Divorce

Divorce laws can be complicated, and proceedings are often emotional and traumatic. If you are going through a divorce in Chula Vista, you need an attorney. Boyd Law has attorneys with the experience needed in divorce cases and we are well-versed in California divorce law. Contact Boyd Law for representation and we will help you get through your divorce as quickly and painlessly as possible.