Divorce Lawyers in San Diego, California

The divorce lawyers in San Diego, California at Smith Family Law are here to help you navigate every aspect of your divorce. When you file for divorce, you’ll need to make decisions about dividing bank accounts, dividing debts, and more. If you have minor children, you’ll need a parenting plan that outlines custody and decision-making authority. The decisions you make when filing for divorce can impact you for years to come. While it’s understandable to want to finalize your divorce as quickly as possible, it’s important to get the financial details right. Changing a parenting plan later can be very difficult. The decisions you make today will impact your life for years to come. The divorce lawyers in San Diego, California at Smith Family Law are here to help you navigate all the crucial questions that arise in divorce.

How to File for Divorce in San Diego, California

To file for divorce in San Diego, California, you’ll need to fill out all required forms and submit them to the San Diego Superior Court Clerk, by either filing the forms in person, or electronically. Once the documents have been filed, they’ll need to be formally served to your spouse. The forms you’ll need to fill out to file for divorce can be found here.

While it is possible to file for divorce without a divorce lawyer, couples with significant property, debts, or those with minor children often seek the assistance of a San Diego, California divorce lawyer. In fact, couples with property, debts, and minor children are often encouraged to seek legal assistance and advice before filing for divorce.

When filling out the divorce paperwork, if you have minor children, you’ll have to determine what kind of legal and physical custody you will seek. And if one parent has sole custody, you’ll also need to note whether you want to grant visitation or parenting time. The way these forms are filled out can have a major impact on how your divorce unfolds and whether you’ll end up fighting over custody in court. It is often best when a divorcing couple can discuss their wishes or even work through custody questions in mediation before filling out these forms. The courts tend to want to see custody arrangements where both parents can continue to have a relationship with their children. When requesting sole custody, it is important to keep in mind how you’ll foster the other parent’s relationship with the children. Of course, if you have concerns for your children’s safety or wellbeing, that changes things. A divorce lawyer in San Diego, California can help you navigate these questions and concerns.

When filling out divorce paperwork, you’ll also need to decide whether to request spousal support. Finally, you’ll need to distinguish between separate and shared property. These decisions may not always be as straightforward as they might seem. While separate property generally refers to property acquired before you were married, separate property can sometimes get comingled into community property, especially in a longer marriage. A San Diego, California divorce lawyer at Smith Family Law can help you understand the legal implications of each part of the divorce form and help you understand your rights. Our divorce attorneys in San Diego, California can help you navigate your divorce, every step of the way.

How Long Will My Divorce Take?

The timeline for every divorce will differ depending on the complexity of the case, whether both parties are amicable, or whether litigation is required. Even when both parties agree about everything, California imposes a six-month waiting period before a divorce can be finalized. The six-month clock begins after you file for divorce and on the date your spouse is formally served the divorce paperwork.

In any California divorce, there are four major steps to the divorce process according to the California Courts. Here are the four main steps:

1. File for Divorce. The divorce process begins when one spouse files for divorce and formally lets their spouse know that the process has begun by formally serving the divorce papers.
2. The spouse filing for divorce must disclose their financial information to the other spouse. The other spouse has the option of disclosing financial information as well. The other spouse also has the option of not responding, but this isn’t always recommended by divorce lawyers because no response means that the filing spouse will usually get everything they asked for in the initial filing. If you’ve received divorce paperwork, you might want to speak to a San Diego divorce lawyer as soon as possible because there are time limits on how long you might be given to respond.
3. Negotiation and Decision-Making. A couple can choose to work with their mediators or attorneys to negotiate how to divide property and divide debts. If the couple has minor children, they can work with one another to decide how custody and parenting will be arranged or do this with the help of their divorce lawyers or mediators. Some couples cannot reach an agreement about custody, division of debts, or division of assets, and end up bringing their case before a judge.
4. Finalizing the Divorce. Either a judge will decide how to divide assets and debts and how to award custody, or the couple reaches a decision about these concerns outside of court. Once the decisions have been made, the couple can submit paperwork outlining these decisions for a judge to finalize the divorce.

Within each of these steps, things can happen that can make the process more complicated or extend the timeline. For example, a divorce can often be finalized within six-months when both parties agree to all aspects of the divorce (usually when there’s very little property involved and no children).

Issues can arise with filing if there are jurisdictional questions. For example, if one partner is in the military, or if one partner doesn’t live in San Diego, the couple might have options about where they can file for divorce. A military spouse can even request a stay (or delay in proceedings) if they are deployed. Issues can arise with disclosures if one party believes the other is hiding assets or financial information. In high net worth divorces, forensic accountants might sometimes need to get involved.

The process of negotiating or litigating a final divorce settlement can either take no time at all, if both parties agree, or it can take months or even years in some cases, if there are big disputes. Having a divorce lawyer in San Diego, California on your side is important to help you reach a reasonable resolution.

If you have questions about the divorce process, or how it might unfold in your specific situation, the best thing to do is to reach out to a divorce lawyer in San Diego, California for more specific guidance. Smith Family Law are divorce lawyers in San Diego that can help you navigate all steps of the divorce process.

Common Divorce Issues

The divorce lawyers at Smith Family Law are here to help you and your spouse navigate issues that can arise when you file for divorce. What are some common issues that arise during divorce? Here are a few:

• What will happen to our family home during our divorce? The divorce lawyers at Smith Family Law can help you and your spouse find solutions to dividing the family home. Often couples sell the home and split the proceeds, but in some cases, this is not possible. The San Diego, California divorce lawyers at Smith Family Law are here to help you explore other options, including shared ownership, buy-outs, and other options.
• What’s the difference between separate and community (marital) property? Separate property is any property owned prior to your marriage or any gifts or inheritance received during your marriage. Shared or marital property is generally any asset acquired or gained during your marriage. Prenuptial agreements can change this. How you and your spouse structured your assets during your marriage can also have an impact on how property is divided or classified. A San Diego, California divorce lawyer at Smith Family Law can help you and your spouse distinguish between shared and separate property and help you divide your shared property equitably.
• How is child custody determined? Most parents make decisions about child custody on their own or with the help of their family lawyers or mediators. When decisions about custody go before a judge, the judge will use the best interest of the child standard to determine who gets custody. This standard considers various factors, including the child’s relationship with each parent, each’s parent’s ability to support the child, and more.
• What happens to retirement accounts in divorce? In San Diego, any contributions made to retirement accounts during your marriage will generally be considered shared marital property. Dividing retirement accounts can be one of the greatest challenges of any divorce. The divorce attorneys in San Diego, California at Smith Family Law can help you decide how to divide retirement accounts and help you and your former partner find equitable and fair solutions.
• How is spousal support calculated, and am I entitled to receive it? Spousal support or alimony is designed to help a spouse remain financially independent after divorce, especially when there has been a disparity in wealth or income. Spousal support is usually temporary and is designed to help a spouse get the training or schooling they need to get on their own two feet after divorce. Longer marriages or couples getting divorced after retirement may be able to request more permanent spousal support arrangements in certain circumstances. And in cases of short marriages or very young couples, spousal support might not be awarded at all. The San Diego, California divorce lawyers at Smith Family Law can help you explore whether spousal support is warranted in your situation.

These are just some of the common issues that can arise in divorce. Every divorce is unique. This is by no means a comprehensive list of the issues that can arise or the questions you might face. The divorce lawyers at Smith Family Law in San Diego, California are here to help you navigate the unique issues you might be facing in your divorce. We are here to offer solutions.

What Should I Do If I’ve Been Served Divorce Papers in San Diego, California?

If you’ve been served divorce papers in San Diego, California, pay close attention to the deadline by which you must respond. Don’t ignore any divorce paperwork you received. If you fail to respond, your former partner might get everything they request in their filing. If you’ve received divorce papers in San Diego, California, you might want to reach out to a divorce lawyer as soon as possible. The divorce lawyers in San Diego at Smith Family Law can review the divorce paperwork and help you with your response. Contact us today to learn more.

Get An Attorney On Your Side In A Divorce

Even the most amicable of divorces are still major life events and, as such, can be completely overwhelming. During this extremely stressful time, we will be by your side to remove some of the stress and ensure that you are protected.

We are here to help you find answers to all of your questions, such as:

• Is divorce what you actually want?
• How do you file for divorce?
• What are the costs?
• How expensive is the entire process going to be?
• How long will it take?
• How exactly can you protect your finances and assets?

You may have received advice from your divorced friends about what should, or should not, be happening with your divorce. Since every divorce is different, their well-intentioned advice is often misleading or wrong. We will become completely familiar with the specifics of your case so we are able to be your best possible advocate.

We Will Offer You Guidance And Support

Whether you are the one who wants to file for a divorce, you were just served divorce papers, or it is a mutual decision, we know that the process is completely daunting. We aren’t here to criticize your life or your choices; we are here to provide you with some certainty during these uncertain times.

No one should have to make these decisions alone. The good news is you don’t have to. The attorneys at Smith Family Law, APC, are here to help you make these important decisions. We will be with you from the beginning to the end of the entire process to make sure that both you and the assets you’ve spent a lifetime earning are protected. In the state of California, a divorce can cost several thousands of dollars or more, depending on the assets and the circumstances involved. As was already mentioned, each divorce case is different, and we will tailor our efforts to the customized needs of your specific situation. We will be with you through whatever the process may bring, and we’ll get you through this and into a better place.

Thinking About A Divorce? You’ll Want Representation.

Don’t go into a divorce without a plan. If you are thinking about, or are in the stages of separating from your partner, you will need an attorney. Contact one today at (619) 431-3131 or use our online contact form to schedule a free introductory appointment.