Practice Areas

San Diego Divorce Lawyers

Family matters are often emotional and intense. Families going through a legal separation, divorce or adoption, who have issues pertaining to child support or visitation, or who need a prenuptial or postnuptial agreement may find the emotional intensity of mixing the legal with personal aspects of life to be overwhelming. If your family is facing a legal situation that must be resolved within the legal system, you will need to have a compassionate San Diego divorce lawyer who will handle the matter with discretion, tact, and dedication to your interests and the interests of your children, if you are a parent.

Your San Diego family lawyer should have a finely-tuned knowledge of California law, along with an understanding of how families work and the potential consequences of the legal process and its outcome on the individual members of your family. Your divorce attorney in San Diego, CA should seek to balance the emotional, psychological, and financial aspects of the matter facing you family to achieve a solution that works in your unique situation. Above all, the family law attorney you choose should be someone you trust and whom you feel comfortable speaking to openly.


San Diego Divorce Attorney FAQs

San Diego divorce lawyer


During a divorce, experienced legal counsel in your corner can make a large difference in a divorce. Not all cases move to the court phase, but in the event that litigation is required, our attorneys have the experience necessary to navigate the case from the first phase to the court phase. Boyd Law San Diego is a law firm composed of Certified Family Law Specialists (CFLS). These family law attorneys possess special certificates that identify the attorneys that specialize in family law services. In the event of a divorce, couples that do not utilize legal counsel from family law attorneys may ,unbeknownst to them, make mistakes. Our experienced family lawyers in San Diego assist with every aspect of the divorce, while providing valuable legal advice. We are here to assist and will file the required paperwork by the necessary deadline.


In Anna Karenina, Tolstoy tells us that “All happy families are alike; each unhappy family is unhappy in its own way.” The same can be said of the divorces. Each couple and family has a unique set of circumstances, requiring individualized solutions when dissolution of an unhappy marriage becomes inevitable. If you live in San Diego or the surrounding area and are contemplating a divorce, you will want to find personalized solutions to your own unique family situation. At the Boyd Law Firm, we are committed to achieving the outcome that will best serve your family law issues and needs when your marriage is no longer viable. Going through a divorce can be among the most stressful and emotionally demanding processes you’ll experience in a lifetime, but having the right San Diego divorce lawyer can relieve much of that stress. At Boyd Law, we provide specialized divorce services for couples in many different situations. Our legal services include:


Our firm’s compassionate and experienced San Diego family law attorneys understand the practical and emotional aspects of a divorce process and have many positive client testimonials illustrating the work we do with our clients. We will guide you through the process and provide you with the skilled advocacy that you need to achieve the positive outcome that will allow you to move on to a new life after your divorce, with a fair division of property and the best possible arrangement for the continued care of your children, if you are a parent. We can often achieve a negotiated settlement without requiring court intervention. We will strongly advocate for your positions while giving you an honest and realistic legal prospective, along with clear, straightforward answers to all of your questions. When it becomes necessary to turn to the court system to litigate matters that can’t be settled through negotiation, we are experienced San Diego divorce lawyers who know how to prepare, document, and effectively argue for the outcome you desire.


When both parties agree on everything, from community property division to child custody and child support, the divorce is considered uncontested. While uncontested divorces never see the inside of the courtroom, both sides still require legal representation. As your divorce lawyers in San Diego, CA, we will take great care to review all details of your divorce with you to make certain you are moving forward in a direction that truly makes sense for you. In many family law cases, people think they have an uncontested divorce process at first. Then they learn about something that was previously overlooked such as the distribution of debts or retirement accounts. Disputes arise. An uncontested divorce becomes contested.


Our San Diego, CA divorce attorneys are comfortable and experienced in the courtroom. We know how to build strategies designed to achieve positive outcomes in front of a judge. However, we also know that resolving a contested divorce in family law court can be stressful and time consuming. There are family law attorneys in California who are willing to play off the emotions of the divorcing parties, intentionally exacerbating issues and spurring disputes. There are attorneys who will force a family law case to stretch out months more than necessary, rather than following the family code and facilitating a settlement agreement. We never encourage disputes. When they arise naturally, we are prepared to resolve them, but we take great care to present our clients with all available options to ensure that each case is taken in the right direction. We are as adept at resolving contested divorces through settlement agreements as we are at trial.



If you are going through a divorce, ignore the tax consequences at your own peril. When handled properly, the tax implications of a divorce can increase the value of a divorce or marital settlement. Likewise, when handled improperly, they can result in each side walking away with fewer assets and a larger tax bill. To maximize your standard of living after divorce, it is in your best interests to have a San Diego divorce attorney on your side who understands how to recognize and manage tax issues in divorce. You can rely on our team of attorneys and professionals to examine the tax implications of any proposed settlement to make sure you receive a favorable outcome. The tax treatment of various assets in the marital estate can have a tremendous impact on the overall value of a settlement. We are fully equipped to handle all of your tax-related issues in divorce, including the division of child exemptions and tax credits, alimony, capital gains from long-term investments such as homes and real property, and whether to file separately or jointly in the year of your divorce.


The inner workings of your family life, how you raise your children and the condition of your finances are all very personal matters. When divorce proceedings become public for celebrities, executives, business owners, doctors and others, there is an increased need for diligence in order to maintain their privacy and professional reputation during divorce.


In the U.S., generally speaking people with less than a high school diploma have a better chance of never being married. High school graduates and those with some college or an associate’s degree are more likely to have married twice or three or more times. While 13 percent of all adults had married twice, this is true of 15 percent of those with a high school education or some college or an associate’s degree. Similarly, percentages of those married three or more times are somewhat higher among those with a high school diploma or equivalency or some college or an associate’s degree than among all adults. In contrast, adults with at least a bachelor’s degree had married only once more often than the general population. While overall, 52 percent of adults had married once, 64 percent of those with at least a bachelor’s degree had. This finding reflects the lower risk of divorce for those who have earned a bachelor’s degree or more. Those with more education are less likely to divorce, in part, because they tend to delay marriage, and later ages at marriage are associated with lower rates of marital instability. In addition, research suggests that because the highly educated are likely to have more resources, and their spouse is likely to be highly educated, they run a lower risk of conflict.

These following pie chart visualizations are visual representatives of the data and findings above, but also are visually highlighting the percentage of people who have been married different number of times with different levels of education.  These pie charts illustrates the percentage of people in the U.S. who are: Never married, married once, married twice, and married three or more times.  Each one of the charts below represent a group of people in the U.S. with a certain level of education.  The charts highlight the following education levels:  Less than high school education, high school education, some college education, high school graduate and anymore education after graduation of college.

This data is provided by the United States Census Bureau


In San Diego County, the Boyd Law California divorce attorneys understand this and are dedicated to achieving the most favorable, workable, and satisfactory outcome for you and those you love—one that will allow you to move forward with the least amount of stress, disruption, and uncertainty about your future and that of your family. At Boyd Law, our San Diego family law attorneys know that any matter affecting your family is not just about law; it’s about real people, with real needs, real problems, and real feelings. Our San Diego family law attorneys are experts at the law, but we don’t stop there; we truly care about the clients we represent, and focus our skills, knowledge and experience to use California law to meet your needs, identify solutions to the problems you’re facing, and respect your feelings and desires when seeking an outcome that will work for you.

We know how to negotiate difficult disputes effectively, with a minimum of rancor, and are often able to find creative solutions to the most contentious problems. We understand that your divorce and family law matters may be emotionally draining, and we are here to support you in every possible way. We have access to some of the nation’s most highly respected experts on a variety of matters pertaining to divorce and family law: psychologists, social workers, CPAs, forensic accountants, financial advisers, educators, and other whom we can call upon to provide analysis and testimony in your behalf. Our divorce lawyers in San Diego County, CA, create space for you, allowing you to lean on their skill and expertise, enabling you to step back from the emotional challenges you face as we work together to find effective legal solutions to the matter at hand, with an emphasis on preserving positive family relationships to the greatest extent possible.

Is There a Waiting Period for Divorces in California?

Yes – in the State of California there is a mandatory waiting period for divorces. Divorces in California will require a six month waiting period after the divorce is filed. In California, all divorces take an absolute minimum of six months. Frequently divorce cases will take more than six months but cannot be completed under six months.

How Long Do Divorces Take in California?

In California, there is a mandatory six month waiting period after a divorce is filed. The absolute minimum amount of time is six months after the divorce is finalized.  While the minimum is six months, longer cases are entirely possible and the length can vary from one case to the next. 

Generally speaking an uncontested divorce will move through the divorce process much quicker compared to contested divorces. If the divorcing parties are able to agree on large issues including child support, child visitation, spousal support and property division, these parties may be able to avoid going to court if a mutual agreement is reached. 

If two divorcing parties are unable to reach a mutual settlement during mediation or an alternative dispute resolution, the divorce will likely take longer to resolve compared to an uncontested divorce. 

What are the Divorce Residency Requirements in California?

California has divorce requirements that stipulate certain requirements be made by spouses pursuing a divorce in the State. Before a divorce can be filed, California Family Code Section 2320 states that each spouse must be a resident of the State of California for at least six months leading up to the filing the divorce. Those going through a divorce must also be a resident in the County in which they are filing for a minimum of three months prior to filing.

What Happens If I Don’t Meet California’s Residency Requirements in California?

If a person does not satisfy the residency requirements established by the State of California, a spouse must put the divorce on hold and establish residency. Courts in the State will not consider a California family law case if neither spouses have residency for the minimum amount of time. Only one person has to establish residence in California to file for divorce.

Are There Any Exceptions to California’s Residency Requirements for a Divorce?

Yes – there are exceptions to California’s residency rules. Same-sex married couples that were married in the state and no longer reside in California and live in a state that will not dissolve a same-sex marriage can file in California to end the same-sex marriage. If this applies to your situation, contact a same-sex marriage attorney.
Family lawyers in San Diego, CA

Does Boyd Law Offer Alternatives to Litigation & Court Hearings?

Boyd Law offers several family law dispute solutions. The family law attorneys understand how taxing and complex family cases have on the spouses involved. While litigation and court appearances may be inevitable in certain situations to resolve family law matters, our firm offers several alternative resolutions to help settle family law matters. Our family lawyers help with mediation and alternative dispute resolutions. We have members of Boyd Law that are certified as Certified Family Law Specialists (CFLS), and have extensive experience and training in matters pertaining to family law cases.


Our law firm has the depth of resources and a large professional staff, which allows a San Diego family law attorney to handle even the most complicated divorce-related issues in-house. This includes issues such as business valuation and complex property division. Handling these issues internally without the need for outside counsel is a crucial component of preserving the privacy of our clients.

We also strive to resolve issues as efficiently as possible by building the strongest possible case and negotiating from a position of strength. This leads to more fruitful settlement negotiations, lessening the likelihood of a contentious trial.

We are here to help. Contact us to arrange a time to come in and talk to us. It’s a free consultation, and there’s never any pressure or obligation to hire us. Take your time, get to know us, and learn about the many ways we can help you and your family. You can count on our team of family law and divorce lawyers in San Diego County, CA to provide you with honest advice, heartfelt support, and personalized service throughout the legal process you’re facing. Contact an experienced family law attorney

“For both divorce and child support and child custody issues, call AMY ALLEMANN at Boyd Law. Great services, knowledgeable and tough, very tough!” – Biggs / Client