Ending your marriage or domestic partnership through a divorce is not an easy decision. You can make the process simpler, however, by hiring a San Diego divorce attorney. An attorney can help you identify and pursue your goals for divorce in terms of child custody, property division, and more.
The attorneys at Boyd Law can help you with a depth of knowledge and experience guiding clients through divorce cases in California. Request your consultation or call us at (619) 232-1206 to discuss your case with a San Diego divorce lawyer at Boyd Law today.
San Diego Divorce Resources
- Why Choose Our San Diego Divorce Lawyers?
- Types of Divorce Matters We Handle in San Diego
- Is California a No-Fault Divorce State?
- How Does California Divide Property in a Divorce?
- What’s the Difference Between Divorce and Legal Separation?
- What Are the Benefits of Working With a San Diego Divorce Lawyer?
- What is an Uncontested Divorce?
- What is a Contested Divorce?
- Divorce Tax Issues
- Divorce Privacy Issues
- How Long Do Divorces Take in California?
- Is There a Waiting Period for Divorces in California?
- What Are California’s Residency Requirements for Getting Divorced?
- What Happens If I Don’t Meet California’s Residency Requirements?
- Are There Any Exceptions to California’s Residency Requirements For a Divorce?
- Contact Us
Why Choose Our San Diego Divorce Lawyers?
About our San Diego divorce attorneys:
- We are Certified Family Law Specialists (CFLS). Attorney Karie Boyd is a board-certified specialist in family law, meaning she has extra training and education in divorce law.
- Our lawyers are highly experienced. We are a large law firm that is fully prepared to address the diverse issues that you are facing during your divorce case.
- We can find an efficient and effective resolution for any obstacle that you encounter. We will work closely with you through each phase of your divorce.
Types of Divorce Matters We Handle in San Diego
- Legal separation
- Same-sex divorces
- Child custody, child support, and visitation
- Property division
- Asset protection
- High-asset divorce cases
- Celebrity divorces
- Military divorce
- Prenuptial/postnuptial agreements
- Alimony/spousal support
- Court order modification requests
At Boyd Law, we understand how the courts work and how to navigate related laws to achieve desirable results for each client. Our lawyers are committed to achieving the outcome that best suits your needs by providing individualized solutions that will help your family get through a stressful and emotionally demanding time. Our San Diego divorce lawyers will do everything we can to lessen the emotional toll that a divorce has on you and your loved ones.
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 means that a couple cannot get along.
How Does California Divide Property in a Divorce?
California is unique in that it uses a community property law to determine the division of marital assets in a divorce case. In the eyes of California law, a marriage between two people forms its own community. Any assets, property, income or debt acquired while the community is intact – while the couple is married – is community property. In a divorce case, California law holds that both parties have equal parts’ ownership over this property. Therefore, the courts will divide it in half if a divorce case goes to trial.
All couples have the opportunity to create their own property division arrangements – as well as determine the other aspects of a divorce – together before the matter goes before a judge. If you cannot reach a property division settlement with your spouse, you will most likely have to split all of your marital assets and debts 50/50 with your spouse, regardless of who brought the property into the marriage. It may be possible to protect your property, however, with help from an attorney.
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.
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 Are the Benefits of Working With a San Diego Divorce Lawyer?
A divorce case is a complicated legal matter with many elements that you may not be familiar with unless you are an attorney, like property division, child custody, and child support. Hiring a divorce lawyer to represent you can help you understand what to expect from the legal process, as well as how to navigate it to your greatest advantage. You are most likely going through a difficult enough time coping with the end of your marriage and the idea of building a new life; you do not also have to shoulder the legal burden of a complex divorce process.
Working with a Certified Family Law Specialist offers even further benefits than a typical attorney. A CFLS in California has a higher level of experience in the field and a deeper understanding of the complexities of divorce law. This can help you find unique and creative solutions to your problems. Your San Diego family law attorney can help you conquer obstacles and provide greater peace of mind and confidence during this tough time. You won’t have to worry about any of the legal elements of your case with a specialist by your side.
What Is an Uncontested Divorce?
What is a Contested Divorce?
Divorce Tax Issues
Divorce Privacy Issues
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.
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.
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 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 the same-sex marriage. If this applies to your situation, contact a same-sex marriage attorney.
Contact Our San Diego Divorce Attorneys
If you are considering getting a divorce in San Diego, California, please contact us or call at (619) 232-1206 to schedule a consultation with one of our attorneys. We have the extensive resources, legal experts and services that you need. Find out how we can help you in more detail – contact us today.