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San Diego Divorce FAQs

Experienced Help for All Aspects of Filing for Divorce in San Diego

Our San Diego divorce lawyers have helped countless clients successfully navigate some seriously difficult family, financial, and divorce-related situations, always with the goal of securing the best case outcomes and minimizing stress.

To speak with our experienced San Diego divorce lawyers, give us a call at (619) 485-6476 or contact us online today. 

Here's a look at everything you need to know about divorce, according to our legal team:

What is divorce?
 

Divorce is the legal process of ending a marriage. It involves resolving issues like property division, child custody, spousal support, and other matters related to the dissolution of the marital relationship.

How much is a divorce?
 

The cost of a divorce can vary significantly depending on the complexity of the case, the level of conflict, and the type of divorce (contested or uncontested). Costs may include court filing fees, attorney fees, and other related expenses.

How much does the divorce process cost?
 

The divorce process cost depends on various factors, including attorney fees, court fees, and whether the case is contested or settled amicably. An uncontested divorce generally costs less, while a contested divorce can be significantly more expensive due to legal proceedings.

What is the cost of getting a divorce in the military?
 

The cost of a military divorce is similar to a civilian divorce but may involve additional complexities, such as dividing military pensions. Costs can vary based on attorney fees, whether the divorce is contested, and the specific issues related to military benefits.

Where do we have to go to get a divorce?
 

To file for divorce in San Diego, you must go to the San Diego County Superior Court. Divorce paperwork must be filed with the Family Law Division, and you may need to appear in court for hearings or to finalize the divorce.

Can we get a divorce in San Diego if we were married in a different city?
 

Yes, you can get a divorce in San Diego even if you were married in a different city or state, as long as you meet California residency requirements.

What are the requirements for getting a San Diego divorce?
 

To file for divorce in San Diego, at least one spouse must have lived in California for six months and in San Diego County for at least three months before filing. You will also need to complete and file the necessary paperwork to begin the divorce process.

When can you file for divorce in San Diego?
 

You can file for divorce in San Diego once you meet the residency requirements: six months living in California and three months in San Diego County.

Do you have to be separated to get a legal separation in California?
 

No, you do not need to live separately to file for legal separation in California. Legal separation allows couples to remain legally married while resolving issues like property division, support, and custody.

What if I don't live in San Diego, can I still pursue mediation?
 

Yes, you can pursue mediation even if you don’t live in San Diego. Many mediation services offer virtual or online sessions, making it accessible to people outside the area.

How long does getting a divorce in San Diego take?
 

The divorce process in San Diego typically takes at least six months, which is the mandatory waiting period in California. However, the duration can vary depending on the complexity of the case and how quickly both parties can agree on key issues.

How long does it take to get an appointment for a divorce consultation?
 

Getting an appointment for a divorce consultation can vary depending on the attorney's availability. Typically, you can schedule an initial consultation within a few days to a week.

What does uncontested divorce really mean?
 

An uncontested divorce is when both spouses agree on all aspects of the divorce, including property division, custody, and support, without needing court intervention. This type of divorce is usually quicker and less expensive.

Is there such thing as an uncontested summary divorce in San Diego?
 

Yes, an uncontested summary divorce is available for couples who meet specific criteria, such as being married for less than five years, having no children, minimal assets and debts, and both agreeing to the divorce.

How can I start a divorce quickly?
 

To start a divorce quickly, you should gather all necessary documents, complete the required paperwork, and file it with the court. Hiring an experienced attorney can also help expedite the process by ensuring all requirements are met properly.

If I filed for divorce, can I change my mind?
 

Yes, if you change your mind after filing for divorce, you can dismiss the case, provided both spouses agree. If only one spouse wants to dismiss the case, it may not be possible to stop the divorce process entirely.

What happens if we have pets?
 

California recognizes pets as community property, but since 2019, courts can consider what is in the best interest of the pet when determining custody. You can work with your spouse to create a pet custody arrangement during your divorce.

Can you get a co-parenting agreement in a San Diego divorce?
 

Yes, a co-parenting agreement can be part of a San Diego divorce. It outlines how parents will share responsibilities, decision-making, and time with their children after the divorce.

What is an amicable divorce?
 

An amicable divorce is one where both parties agree on all major issues without significant conflict. It often involves mediation or collaborative law to resolve matters cooperatively, leading to a less stressful and more cost-effective divorce process.

To speak with our experienced San Diego divorce lawyers, give us a call at (619) 485-6476 or contact us online today. 
 

 



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    • "I would recommend Embry Family Law to anyone!"
      Working with Ben Embry was great. He's very professional, responsive, and was always available to answer any questions I had. His team is also amazing and made me feel comfortable throughout the entire process. I would recommend Embry Family Law to anyone!
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      It had been a long two years of waiting and frustrations in the hands of my previous lawyer to get the legal closure I needed to move forward with my post-divorce life. As anyone going through divorce knows, nothing about it is easy or enjoyable ... that is until I met Nicholas Montaño. As office manager and head paralegal at Embry Family Law, Nicholas took my call and ran with it. From the get-go, I felt supported and that I was in capable hands. Within a few weeks, I was happily divorced and all was finalized, even sooner than the court date assigned to my case. Throughout our [thankfully] short time working together, he showed compassion, empathy, and understanding. And I especially appreciated his effective and efficient communication, and willingness to go above and beyond with sensitivity to time. Thank you Nicholas -- your team and clients are lucky to have you.
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      This review is long overdue, I want to thank Nick, Kaylin, and Ben for taking on my difficult case and representing me. I had consulted with others who only planted fear and made me lose hope. Thanks to a fellow coworker who recommended them to me, I won my case and had the best representation! I am forever grateful to them and definitely will be recommending Embry Family Law to ALL my family and friends.
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