What’s Involved in a California Divorce
For many, divorce is one of the most difficult processes to endure – emotionally and, often, financially. In San Diego, almost one-half all marriages end in legal separation or divorce, and roughly 60% of second and third marriages end in divorce.
When people are getting married, however, they rarely think of the consequences if the relationship fails to work out as expected.
California Divorce Laws, San Diego
Before filing for ‘dissolution of marriage’ (divorce) in San Diego, you must be a resident of San Diego County for 3 months. Moreover, you need to be a California resident for six months. A couple can file for divorce under California divorce law on ‘irreconcilable differences’ grounds. ‘Incurable insanity’ is another reason that can be cited for divorce.
If a couple has children from the marriage, issues of child support and custody are taken into consideration. The Californian courts usually suggest sharing custody between parents. If this kind of arrangement is not in the best interests of the child, then custody is granted to the parent deemed most fit for this responsibility. Child support payments are determined by reviewing each parent’s net disposable monthly income.
Filing for a Divorce in San Diego
The divorce process in San Diego involves filing a petition for dissolution of marriage with the superior court in San Diego County. As the divorce process can be complex, hiring an experienced family law attorney is always recommended.
Our attorneys at Fischer and Van Thiel can help to streamline the process for you, and we have a team of lawyers who are always available to answer your questions and explain about the procedures for ending your marriage.
We will also guide you through custody and child support issues if you have children.
The Legal Process
When we meet it is important to bring financial documents like property deeds, account statements, and income tax returns statements.
Your partner will then be served with paperwork, to which they have 30 days to respond. In a situation where the spouse doesn’t respond, the case will proceed. On your behalf, we will ask for orders from the court on property division, alimony, child support, visitation and attorney fees. In such a scenario, the divorce becomes finalized after six months after the accused is served.
If your spouse responds, the two of you will have to share information on any assets and liabilities you have. If you both agree on financial settlement and child custody, you won’t need a hearing. However, if you fail to agree, a court hearing will be scheduled, in the course of which lawyers from both the plaintiff and defendant’s side will present evidence and make arguments before the presiding judge. The judge will then settle any unsolved issues.
If you are considering filing for a divorce or legal separation, the divorce attorneys at Fischer & Van Thiel LLP can help. Our goal is to assist clients to reach a resolution as quickly as possible, while still ensuring that their interests are protected throughout the process.
We invite you to call us today on (858) 935-6211 today to arrange an appointment to discuss your situation.