The Beginning of a San Diego Divorce
Getting divorced starts with filing the right paperwork with the family courthouse in your county. To file in San Diego County, you or your spouse must have resided in California for at least the last six months and within the county for the last three months. These are the state’s residency requirements.
Either of you can file the Petition for Dissolution of Marriage (Form FL-100). Neither party gets the “upper hand” by filing first. The person who files has to pay the fee of $435, or submit a fee waiver request. You will also need to submit an additional local form known as the Family Law Certificate of Assignment (SDSC Form D-49).
To file for divorce in California, you do not need to prove fault. California is a no-fault divorce state, where citing “irreconcilable differences” is enough to get divorced.
Temporary Orders
Some divorce cases in San Diego involve requests for temporary orders. These are official requests submitted to the courts by one or both parties to tend to immediate needs while the divorce is pending. They can include child custody orders, emergency custody, child or spousal support, and restraining orders.
The Response and Negotiation Period
Once a divorce petition has been filed and served on the other spouse, the Respondent has the opportunity to respond. If the Respondent wants to change anything about the Petitioner’s desired terms for the divorce, he or she must respond within 30 calendar days. Both parties must also comply with financial disclosures, or the sharing of financial information.
If both parties agree on the terms of the divorce, it will be an uncontested case that can proceed without settlement negotiations or a divorce trial. Uncontested divorce cases can move quickly through the legal system. However, there is a six-month mandatory waiting period in California.
If the Respondent wants to dispute any of the Petitioner’s desires (a contested divorce), both parties can enter into divorce settlement negotiations. This can occur privately or involve mediation or arbitration with a third party to aid in conflict resolution. Negotiations can continue for as long as the couple wants.
A Divorce Trial (If Needed)
If an agreement cannot be reached, the divorce case may have to proceed to trial in San Diego County to achieve a resolution. During a trial, a judge will hear evidence and testimony from both parties before making legally binding decisions about the terms of the divorce. This includes property division, child custody, child support and spousal support.
California is a community property state, which means marital property will be divided 50/50 during a divorce trial. Child custody matters are always decided based on what is in the child’s best interests. When a judge issues a divorce order, it is binding and its terms must be respected by both parties. However, either spouse can request a modification in the future if any substantial changes occur.
Various factors can affect the general process and timeline of a divorce case in San Diego, including a shared business, high-dollar assets, special-needs children or military members. For an individual review of your specific San Diego divorce case, contact Boyd Law.
