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San Diego Divorce Lawyer

Ending your marriage or domestic partnership through a divorce is not an easy decision. If anything, divorce can be one of the most difficult experiences of your life. However, you can make the process simpler by hiring a San Diego divorce attorney from Boyd Law. A divorce lawyer who specifically focuses on family law and divorce can help you identify and pursue your goals for divorce in terms of child custody, and property division, while also focusing on what’s best for you and your children.

The San Diego divorce lawyers at Boyd Law have a depth of knowledge and experience guiding clients through divorce cases in California with decades of combined experience in family law.

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Why Choose Our Certified Family Law Specialist and Divorce Attorney in San Diego

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★ ★ ★ ★ ★

  • Women-owned: Attorney Karie Boyd, founder and CEO of Boyd Law, is a Certified Family Law Specialist (CFLS), meaning she has extra training and education in divorce law. Most other divorce lawyers in San Diego can’t say the same, giving Karie a specialized advantage in handling any issues related to family law.
  • The National Association of Distinguished Counsel recently ranked Karie Boyd in the “Top 1% of Attorneys in the Nation.
  • Our team has 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 advisors, educators, and others whom we can call upon to provide analysis and testimony in your behalf.

Our family law offices are centrally located in the heart of downtown San Diego. Aside from San Diego county, we also serve Orange County, Los Angeles, Sacramento, and San Francisco.

“Excellent firm! Great results. Thank you Boyd Law”

– Harper Jones

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The Boyd Law Difference

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In San Diego County, the divorce attorneys at Boyd Law 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 lawyers know that any matter affecting your family is not just about the law; it’s about real people, with real needs, real problems, and real feelings.

Our divorce lawyers in San Diego county 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.

Request your consultation or call us at (619) 232-1206 to discuss your case today. 

An Overview of Divorce in San Diego

California is a no-fault divorce state, meaning you do not need to list a reason beyond “irreconcilable differences” to get divorced in San Diego. Once a divorce petition is filed, both parties will have multiple opportunities to work together and compromise to come to a divorce settlement agreement.

Options include alternative dispute resolution (ADR) methods, such as mediation and arbitration, if simple settlement negotiations are unproductive. Working out a settlement will keep the case out of court and allow the couple to make their own divorce decisions, within the confines of the law and subject to court approval. Otherwise, the case will go to trial.

Why Hire a Divorce Lawyer in San Diego? Why Professional Guidance From an Attorney Matters

While not all individuals going through a divorce in San Diego need to hire attorneys, doing so can come with significant advantages – especially if you have a complex or high-stakes case. An attorney will guide you and your family through every step of the divorce process with your well-being and best interests at the forefront of every decision made.

You can focus on your future and building the life you want while your divorce lawyer handles complicated and often emotionally draining legal processes, negotiations and paperwork for you. An attorney will craft smart and creative solutions to your individual problems, allowing you to focus on what matters most. Meanwhile, a highly qualified professional will be protecting you on a legal level.

If it appears that your divorce case will need to go to trial in San Diego, it is even more important to hire an attorney. There could be a lot at stake during a California divorce trial. Do not risk self-representation. Professional guidance from an attorney will grant you access to key resources, knowledge and capabilities that enable you to achieve your desired case outcome.

What Are the Benefits of Working With a Divorce Lawyer in San Diego?

Divorce cases are complex, involving aspects like property division, child custody, and child support that can be challenging to navigate without legal expertise. Hiring a divorce lawyer in San Diego can guide you through the legal process, helping you understand what to expect and how to approach each step to your best advantage.

You are most likely going through a difficult enough time coping with the end of your marriage, the causes of your divorce and the idea of building a new life; you do not also have to shoulder the legal burden of a complex divorce process. Partnering with a Certified Family Law Specialist (CFLS) at our firm provides you with advanced expertise in divorce law. A CFLS brings deeper knowledge and innovative solutions to help you address each unique challenge effectively. 

With a dedicated San Diego divorce attorney by your side, you’ll gain peace of mind, knowing that every legal detail is being expertly managed so you can focus on your future.

Types of Divorce Matters We Handle

If you live in San Diego county or the surrounding area and are contemplating a divorce, you will want to find personalized solutions to your own unique family situation. At Boyd Law, our divorce attorneys in San Diego are trusted and reputable advocates for individuals and families who are dealing with the various issues connected to the dissolution of marriage from child support to someone refusing to sign divorce papers.

Your legal representative should be equipped to navigate California’s complicated divorce laws. Find out how we can help you. We provide specialized divorce services for couples in many different situations. Our legal services include:

At Boyd Law, our attorneys have the certifications to say that we are truly experts when it comes to San Diego divorce law. We can help you handle any difficult, complicated, challenging or sensitive situation with masterful solutions. You can trust our lawyers to fully protect your rights and best interests at every stage of your legal matter.

Community Property Law

A divorce case in California is subject to the state’s community property division law. Unlike most other states, which use equitable division laws, California views each married couple as its own “community.” 

Rather than dividing all marital assets and debts according to what is fair or equitable, the California courts will split all community property evenly (50/50). The court only has jurisdiction over shared or marital property, not separate property. 

Separate property is anything either party owned prior to the marriage, as well as assets given solely to one spouse via gift or inheritance during the union. If you wish to protect your property during a divorce in San Diego, start by keeping your separate property separate (avoid commingling).

Child Custody Decisions

There are two main types of child custody: physical and legal. Physical custody, or parenting time, refers to the child actually being under a parent’s roof. Legal custody refers to the right of a parent to make important decisions for the child, such as education and health care choices.

When custody is divided between two parents, the parenting plan may involve shared or sole custody. Shared custody goes to both parents, either in an even split (50/50) or another arrangement (25/75, 40/60, etc.). With sole custody, one parent is given custody while the other has no custody and may or may not have visitation rights.

If a San Diego divorce case involves minor children and the parents cannot agree on a suitable custody arrangement themselves, the courts will always make the decision based on the child’s best interests. A lengthy analysis will be done to determine what custody arrangement best protects the child’s physical, mental, emotional and social well-being.

How to Get Divorced in San Diego

To get a divorce in San Diego, you or your spouse must file the necessary paperwork with the family law courthouse. File the Marriage/Domestic Partnership (Form FL-100) and Summons (Form FL-110) with the Superior Court of California, County of San Diego. You will need to pay the filing fee of $435 or submit a fee waiver request.

Either you or your spouse must have lived in California for the past six months, and in San Diego County for the past three months. Once the Petition is filed, your spouse will be served and have 30 days to issue a Response, if desired. From there, you both must exchange financial disclosure forms.

If you have not already done so, this stage is a good time to contact a San Diego divorce lawyer for assistance – especially if you have children, high-value assets, a contested divorce or other complications. An attorney can protect your rights as you go through settlement negotiations, mediation, arbitration and potentially a divorce trial.

How Much Does it Cost to Hire a Divorce Lawyer? 

The cost of hiring a divorce lawyer will depend on the law firm, the attorney and your individual case. Most divorce lawyers in San Diego charge by the hour, with averages ranging from $300 to $600 or more per hour. 

Most also charge an initial retainer to start work on a case, which can range from $2,500 to $10,000. Be sure to ask about an attorney’s fees upfront, before signing anything. Your lawyer should be honest and reasonable in their fee agreements.

The price of hiring a divorce attorney will depend in part on the complexity of the case. Uncontested divorce cases that do not require trials in San Diego cost significantly less than contested cases, as the latter take more work and time. There are also additional fees you should expect to pay, such as the cost of process servers, specialists, experts and court administrators.

Another factor is the experience level of the attorney. With divorce lawyers, you get what you pay for; Certified Family Law Specialists typically cost more than standard lawyers, for example, because they offer a higher level of legal representation and services. Paying more up front may seem counterintuitive, but a top-quality lawyer can ultimately save you money by protecting your hard-earned assets during a divorce.

Contact Our San Diego Divorce Lawyers Today

Boyd Law is here to guide you through the legal system with a deep understanding of the courts and related laws to secure the best possible results for our clients. Our San Diego divorce attorneys are dedicated to delivering tailored solutions that meet your unique needs, helping you navigate a challenging and emotionally taxing time.

We strive to minimize the emotional impact of the divorce process on you and your family every step of the way. If you are considering getting a divorce in San Diego, California, call (619) 232-1206 or fill out our contact form to schedule a consultation with one of our attorneys. We have the extensive resources, legal experts, and services that you need. To find out how we can help you in more detail – contact our law office today.

Divorce FAQ’s

How Does California Divide Property in a Divorce?

California follows a community property law to divide marital assets in a divorce. This means that, under California law, a marriage forms its own community, and any assets, income, property, or debts acquired during the marriage belong equally to both spouses.

If a divorce case proceeds to trial, the court will typically divide these community assets and debts equally, giving each spouse a 50/50 share. However, couples have the option to work together to create their own property division agreements, along with other divorce terms, before involving a judge.

If you and your spouse can’t reach an agreement on property division, California courts will likely split all marital assets and debts evenly, regardless of who initially acquired them. For more guidance, reach out to our San Diego property division attorneys.

What’s the Difference Between Divorce and Legal Separation?

Divorce is not the only option for ending a marriage, although it is the most common. You may also wish to consider a legal separation. Legal separation keeps your marriage legally intact; you will still be married to your spouse on paper.

However, it separates the community that you formed during your marriage, meaning that your property will be divided, and you can share custody of your children. Keep in mind that if you are having custody issues, contact our child custody lawyer in San Diego for assistance.

There are certain benefits that come with legal separation that you may not get with a divorce. If you are receiving benefits through your spouse’s employer, for example, legal separation can keep these benefits intact while allowing you and your spouse to lead separate lives.

If you do not wish to get divorced for personal or religious reasons, legal separation can also be an ideal solution. Finally, legal separation makes it easier to either reconcile or transition into a divorce in the future.

What Is an Uncontested Divorce?

When both parties agree on everything, from community property division to child custody disputes 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 attorneys in San Diego, 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, and disputes arise. Now, an uncontested divorce becomes contested.

What Is A Contested Divorce?

Our contested divorce lawyers know that resolving a contested divorce in a family law court can be stressful and time-consuming. There are divorce attorneys who are willing to play off the emotions of the divorcing parties, intentionally exacerbating issues and spurring disputes about complex issues like spousal support or child support.

Furthermore, there are family 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.

Are There Tax Consequences From A Divorce in San Diego?

If you are going through a divorce, do not make the mistake of ignoring the tax consequences. When handled properly, the tax implications of a divorce can increase the value of a divorce or marital settlement.

However, when handled improperly, they can result in each side walking away with an unfavorable settlement agreement 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 family law specialists and professionals at Boyd Law 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 marital property, and whether to file separately or jointly in the year of your divorce.

Divorce Privacy Issues

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 a divorce.

Your San Diego divorce privacy attorney at Boyd Law understands how important it is to respect one’s privacy and will protect your personal life from the public eye.

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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 a contested divorce. 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 California’s Residency Requirements for Getting Divorced?

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.

You or your spouse must have also lived a minimum of three months in the county where you are filing for divorce. If you have not yet met the three-month county deadline, you can file in the county where you used to live in California.

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.

Only one person has to establish residence in California to file for divorce. However, courts in the state will not consider a California family law case if neither of the spouses have residency for the minimum amount of time.

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 same-sex marriage. If this applies to your situation, contact our same-sex marriage attorney in San Diego.

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.

Is California a No-Fault Divorce State?

Yes, California is a no-fault divorce state. This means that it is not necessary for the spouse who files the Petition for a Dissolution of Marriage to include a fault-based cause for the divorce.

It is not a requirement to prove that your spouse cheated on you, for example, or is guilty of domestic violence. Instead, the filing party can simply cite “irreconcilable differences” on the paperwork and achieve a no-fault divorce.

In essence, irreconcilable differences mean that a couple cannot get along.