San Diego Divorce Lawyer

Protecting Your Rights & Best Interests in Divorce

At Gill Law Group, PC, we understand that divorce is a difficult and stressful process. Our San Diego divorce attorneys are here to help you navigate this process and protect your rights and best interests every step of the way. We have extensive experience and a proven track record of success in all types of divorce cases, from uncontested divorce to high-conflict, high-asset divorce.

Whether you and your spouse are on good terms and seeking an amicable resolution or you are preparing for a contentious courtroom battle, we can help. Our lawyers are highly skilled in all areas of divorce law and are ready to provide the sound, personalized legal guidance you need.

For a consultation, contact our firm today.

What Are the Grounds for Divorce in California?

California is a no-fault divorce state, which means that the spouse who is seeking the divorce does not need to prove that the other spouse did anything wrong. Instead, they can simply state that there are “irreconcilable differences” that have led to the breakdown of the marriage.

In other words, the marriage is “irretrievably broken.” The spouse who is filing the petition for divorce does not need to obtain the other spouse’s consent. If one spouse wants a divorce, the court will grant it.

It is important to note that, in California, the divorce process does not begin until at least six months after the petition for divorce is filed. This is known as a “cooling-off period.”

There are two main types of divorce in California:

• Uncontested divorce: An uncontested divorce is when spouses agree on all divorce-related terms. This can include matters of property division, debt allocation, child custody, child support, and spousal support. If you and your spouse agree on all terms, you can file a “stipulated judgment” with the court. This is a written agreement that outlines the divorce terms, which both spouses have signed. Once the judge approves the agreement, it becomes legally binding.
• Contested divorce: A contested divorce is when the spouses cannot agree on one or more divorce-related terms. This does not mean that the spouses must go to court and have a judge decide the terms of their divorce. Most contested divorce cases are resolved outside of the courtroom. This can be done through informal negotiations, mediation, or collaborative divorce.

How to File for Divorce in San Diego

In order to get a divorce in San Diego, you must meet the residency requirements. Either you or your spouse must have lived in California for at least six months and in San Diego County for at least three months. If you do not meet this requirement, you may need to file for legal separation and then amend the petition to seek a divorce once you meet the residency requirements.

There are several steps to filing for divorce in San Diego:

1. Meet Residency Requirements: Before filing for divorce in San Diego, you or your spouse must have lived in California for at least six months and in San Diego County for at least three months.
2. Prepare Forms: You'll need to prepare several forms to start the divorce process. These typically include the Petition (FL-100), Summons (FL-110), and if you have children, the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120). You can obtain these forms from the San Diego Superior Court's website or courthouse.
3. Fill Out Forms: Carefully fill out the forms with accurate information. Be thorough and honest, as these documents will determine the terms of your divorce.
4. File Forms with the Court: Take the completed forms to the San Diego Family Law Court Clerk's Office. There, you'll submit the forms and pay the filing fee unless you qualify for a fee waiver based on financial need. The clerk will stamp the forms with the filing date and assign your case a case number.
5. Serve Your Spouse: After filing, you must serve copies of the filed forms on your spouse. This can be done through personal service by a third party or through certified mail, depending on your situation. Proper service is crucial, so make sure to follow the court's guidelines carefully.
6. Await Response: Your spouse has 30 days from the date they were served to file a response to the divorce petition. If they fail to respond within this time frame, you may be able to proceed with a default judgment.
7. Negotiate Settlement (Optional): If possible, try to negotiate a settlement with your spouse regarding issues such as property division, child custody, and support. If you can reach an agreement, you can submit it to the court for approval.
8. Attend Court Hearings (if necessary): If you and your spouse cannot reach an agreement on certain issues, you may need to attend court hearings where a judge will make decisions for you. Make sure to attend all scheduled hearings and follow the court's instructions.
9. Finalize the Divorce: Once all issues are resolved, either through agreement or court decision, you'll need to file additional forms to finalize the divorce. This typically includes forms such as the Judgment (FL-180) and Notice of Entry of Judgment (FL-190).
10. Follow-Up: After the divorce is finalized, make sure to follow any court orders regarding child support, alimony, or other matters outlined in the judgment.

San Diego Divorce FAQs

How long does it take to get a divorce in San Diego Superior Court?

The time it takes to finalize a divorce in San Diego Superior Court can vary depending on various factors, including the complexity of the case, whether there are disputes to resolve, and how quickly both parties can reach agreements on important issues like property division and child custody. Typically, uncontested divorces where both parties agree on all major issues can be finalized more quickly, often within six months from the date of filing. However, contested divorces that require court hearings and extensive negotiations may take longer, sometimes up to a year or more.

How much does it cost to file for divorce?

The filing fee for a divorce petition typically ranges from several hundred to over a thousand dollars, depending on factors such as whether you're the petitioner or respondent and whether you're requesting additional services like certified copies of documents. In addition to the filing fee, you may also incur other expenses, such as serving documents on your spouse, hiring a mediator or lawyer, and attending required parenting classes. If you're unable to afford the filing fee, you may be eligible for a fee waiver based on your income and financial circumstances.

Can I get a divorce if my spouse refuses to participate in the process?

Yes, you can still get a divorce in San Diego Superior Court even if your spouse refuses to participate in the process. In such cases, you can proceed with a default divorce, where you can obtain a judgment of divorce without your spouse's participation as long as you meet all legal requirements and properly serve your spouse with the necessary paperwork. However, it's crucial to ensure that you follow all proper procedures and provide evidence of attempts to notify your spouse about the divorce proceedings.

What resources are available for couples seeking alternatives to traditional litigation?

San Diego Superior Court offers various resources for couples seeking alternatives to traditional litigation, such as mediation and collaborative divorce. Mediation involves a neutral third party helping couples reach agreements on divorce-related issues, while collaborative divorce involves each spouse having their lawyer but committing to resolve disputes through negotiation rather than litigation. These alternative dispute resolution methods can often result in more amicable and cost-effective outcomes compared to going to court.

Do I need a lawyer to file for divorce?

While you're not required to have a lawyer to file for divorce in San Diego Superior Court, it's highly recommended, especially if your case involves complex legal issues or significant assets. A lawyer can provide valuable guidance throughout the process, help you understand your rights and responsibilities under California law, and ensure that all necessary paperwork is filed correctly and on time. Additionally, having legal representation can be particularly beneficial if your spouse has hired a lawyer or if there are disagreements that need to be resolved through court proceedings.

Our San Diego divorce lawyers can help you navigate each step of the divorce process and ensure that your rights and best interests are protected. Call (619) 485-9030 today.