Divorce Attorney in San Diego, CA

Experienced San Diego Divorce Lawyers Serving Southwest California

When going through a divorce, it's important to have an experienced divorce attorney in San Diego on your side. A divorce attorney can help protect your rights, ensure that the property is divided fairly, and help you navigate the often-complex legal process. In San Diego, California, there are several experienced divorce attorneys who can help you through this difficult time.

If you’re considering filing for divorce, or if you’ve already been served with divorce papers, it’s important to speak with an attorney as soon as possible. An experienced San Diego divorce attorney can help you understand the California divorce laws and your rights and can provide guidance and support throughout the entire process.

When couples make the decision to file for divorce in San Diego, they are rarely prepared for the complexity of ending a marriage and the magnitude of emotions that surround the process. At Embry Family Law P.C., our San Diego divorce lawyer understands that taking the next step can be frightening.

If you’re facing a divorce, you need a team of divorce lawyers who can understand how stressful this process is and will work on making it less stressful – when possible. In addition, our lawyers understand a divorce's emotional and financial responsibility. We strive to minimize conflict and focus on resolving issues quickly and efficiently to protect your interests.

Ready to speak with an accomplished divorce attorney in San Diego? Call us today at (619) 485-6476 or contact us online.

Is It Worth Getting a Divorce Lawyer?

You should hire a divorce lawyer in San Diego when you are dealing with specific circumstances.

Hiring an attorney would be your best option if you are:

• Involved in abuse
• Your spouse is being vindictive or lying about situations
• There is another attorney on retainer - thanks to your spouse
• If the divorce includes children or has complicated financial matters

You might assume you can handle your divorce proceedings without legal counsel, especially if you and your soon-to-be ex-spouse are on somewhat civil terms. While it is quite possible to discreetly negotiate the terms of your divorce with your ex-spouse, hiring a divorce attorney is an asset for finding peace of mind and provides an additional layer of security guarding your interests in divorce proceedings.

In addition, your San Diego divorce lawyer can provide valuable legal direction, handle your administrative responsibilities, and help you explore alternative conflict resolution if possible. Finally, hiring a divorce attorney implies you will have a professional legal advocate who can confirm that your divorce proceedings are moving in a positive direction.

Our Divorce Lawyers in San Diego Provide Effective Legal Representation for Every Situation

No two divorce situations are ever the same. Our San Diego divorce lawyers take the time to listen to your story and craft a plan tailored to your situation. We believe in personalized service, ensuring that every client's unique needs are addressed appropriately.

Our divorce attorneys take a client-centered approach, advocate for our clients, and guide them through the process with care and compassion. Whether dealing with high-conflict situations or seeking amicable resolutions, our team is equipped to handle diverse scenarios to facilitate the best possible outcomes.

Our San Diego divorce lawyers guide clients through areas of specific concern, including:

• High net worth divorces – We understand the complexities and intricacies of asset division and reputation protection for couples with high net worth. Our divorce lawyers take the necessary precautions to maintain privacy and preserve public reputations.
• Military divorces – Specific processes are in place to help members of the military navigate the divorce process in San Diego. We are experienced in military divorces, understand the intricacies involved in military divorce and pension issues, and can help you get a “stay of proceedings” under the Civil Relief Act.
• Same-sex marriage and divorce – Now that same-sex marriage is legal at the federal level, same-sex couples may find themselves requiring divorce representation right here in San Diego, CA. Issues related to community property can be complex, as couples may have been together for many years before they got married, acquiring property and investments over the years.

Our San Diego-based divorce lawyers understand the long-term effects divorce can have on your life. The divorce process affects every aspect, including your home, finances, friendships, insurance, and more.

Our compassionate San Diego divorce lawyers ask you to share all the information related to your divorce so that we can develop an effective strategy to help you achieve your goals and minimize the negative impact on your life.

Understanding the Divorce Process in California

Going through a divorce can be a complex and emotional process, especially when navigating the legal requirements in California. Our experienced San Diego divorce lawyers are here to guide you through the entire process and provide effective legal representation for every situation. We offer detailed support to help ease the stresses associated with such significant life changes.

Key aspects of the divorce process in California include:

• Residency Requirements: Understanding the residency requirements for filing for divorce in California is crucial. Our team can provide clarity on the specific requirements and how they may apply to your situation.
• Filing for Divorce: We can walk you through the necessary steps and paperwork involved in filing for divorce in San Diego, ensuring that all legal requirements are met.
• Waiting Period: California does have a waiting period after filing for divorce, and our attorneys can explain how this may impact your case.
• Legal Separation: If you are considering legal separation as an alternative to divorce, we can explain the process and its implications.
• Divorce vs. Annulment: Understanding the differences between divorce and annulment can be important in determining the best course of action for your situation.

At Embry Family Law P.C., we are committed to providing comprehensive support and guidance throughout the divorce process, ensuring that your rights are protected and your best interests are represented.

Child Custody & Support in San Diego Divorces

Addressing child custody and support is a pivotal part of divorce proceedings. At Embry Family Law P.C., we understand that these decisions can significantly affect the future of your children. Our divorce attorneys in San Diego work diligently to develop custody arrangements that uphold the best interests of the child, while also considering parental rights and responsibilities. From the initial divorce to post-divorce modifications, our divorce lawyers can help you protect your child's best interests for the long term.

Please contact our San Diego divorce attorney at (619) 485-6476 to schedule a consultation. 

San Diego Divorce FAQs

What Are Grounds for Divorce in San Diego?

California is an exclusively no-fault divorce state. This means that fault options are not available for a spouse to use when filing for divorce in San Diego, CA. Many states include faults such as adultery, abuse, abandonment, etc. as options for a spouse to use when making a divorce case.

However, for a couple to file for divorce in San Diego, the courts simply need to hear that the marriage is “irretrievably broken”.

One other ground for divorce in San Diego is if one spouse is “mentally incapacitated.” If this is the case, the sane spouse can file for divorce using this reason. However, this method can be more complicated since there is a burden of proof naturally associated with it.

As a result, no-fault divorce is much more common.

What Are the Residency Requirements for Divorce in San Diego?

The very first step to a divorce in San Diego, CA, is to file a Petition for Dissolution of Marriage. If either partner has lived in California for 6 months prior to filing and in San Diego, CA for the 3 months prior to filing, the divorce petition can be submitted in San Diego, CA.

Your spouse will be served with the divorce paperwork and has 30 days to respond.

Is There a Waiting Period After Filing for Divorce in San Diego?

Yes, a couple must wait a mandatory six months after filing for divorce before the court is able to make an official decree.

Does California Have a Process for Legal Separation?

Yes, California does offer the option of legal separation. Learn more about the process for legal separation in California.

What’s the Difference Between a Divorce and an Annulment?

Annulments are granted when the court decides that a marriage is invalid, either due to bigamy, the couple being under the influence of drugs or alcohol when the marriage took place, or any number of reasons. While a divorce ends a legally valid marriage, an annulment treats the marriage as if it never happened in the first place.

Unlike divorce, there is no required length of time for residency. You also do not need to be living in California to file for annulment.

How Does Divorce Affect My Income Taxes?

Divorce can have significant implications on your income taxes. Changes in filing status, dependent claims, and potential alimony or child support payouts must be considered. It's essential to understand how your new marital status will influence tax filings. By consulting with a knowledgeable divorce attorney at Embry Family Law P.C., you can navigate these tax implications and make informed financial decisions post-divorce.

Can I Relocate with My Children After Divorce?

Relocation with children after a divorce involves several legal considerations, especially if shared custody is involved. In California, the law mandates that moves affecting custody arrangements require court approval. Embry Family Law P.C. can help you understand the necessary legal steps and represent your interests, focusing on what’s best for you and your child during relocation proceedings.

What Happens If My Spouse Doesn’t Respond to the Divorce Filing?

In divorce proceedings, if your spouse does not respond to the filing, you may proceed with a default judgment. This means that you can move forward without their input, but it still requires court approval to finalize. At Embry Family Law P.C., we can guide you through these steps to ensure the process is handled smoothly and your rights are protected even if the other party is uncooperative.

How Do I File for Divorce in San Diego?

The following chronology gives a general idea of how the average divorce process proceeds in San Diego, CA.

Your divorce may be a little different because of specific issues between you and your spouse.

• To start off the divorce, one of the spouses gets a lawyer, who writes up a Petition, a legal document that officially says the spouse wants a divorce (and sets forth certain statistical information).
• The lawyer files the Petition with the court.
• The lawyer makes sure that the Petition is served on the other spouse together with a Summons that requires that spouse’s response.
• The served spouse has to answer within a certain time (30 days after service). The answer (also called a response) says whether or not the served spouse agrees with the petition. If he or she doesn’t answer the petition by filing a Response, then the San Diego court assumes that he or she agrees with the petition and does not want to litigate the issues. The Response indicates how the served spouse would prefer to deal with the divorce issues.
• The couple exchanges documents and information on issues such as property and income. By examining this information, the couple and the court can decide how to divide up property and how to deal with child support and spousal support (also called alimony).
• Sometimes, the couple can voluntarily resolve all their issues through mediation or settlement.
• If a settlement is reached, the settlement agreement is prepared and submitted to a judge for signature. If the agreement is reached orally in court, the parties will be asked “on the record” in court whether each party understands and chooses to make the agreement legally binding. The written settlement agreement shows the specific terms of what the couple agreed to. Once signed by a judge, it becomes part of the Judgment of Dissolution (also called a divorce decree).
• If no Response is filed and there is no settlement agreement, then a default is taken against the non-answering spouse. A proposed Judgment is sent to a judge for review. Typically, an informal hearing is scheduled where a San Diego judge will ask a few basic factual questions before approving the Judgment.
• If the judge approves the agreement or the proposed judgment, he or she gives the couple a Judgment of Dissolution that shows the terms of how the issues are being resolved.
• If a Response has been filed and the couple does not reach an agreement, the divorce case will go to trial.
• At trial, attorneys present evidence and arguments for each side, and a judge decides the unresolved issues. Once the judge has reached his or her decision, the judge grants the divorce.
• Either or both spouses can appeal a judge’s decision to a higher court. But it’s unusual for an appeals court to overturn a judge’s decision with divorce cases. Also, remember that settlements usually cannot be appealed if both spouses agree to their terms.