San Diego Divorce Attorneys
Considering Divorce in California?
We understand the overwhelming emotions that may come with ending a marriage. At the Law Office of George Gedulin, our San Diego divorce lawyers remain sensitive to the matters at hand at all times. Our proven San Diego divorce lawyers are here to guide you through this difficult time and ensure that your rights are protected. Divorces can become extremely complicated, which is why we recommend that you enlist the help of our attorneys.
Call our San Diego divorce attorneys at (858) 281-4605today for a free case evaluation and consultation.
Is California a No-Fault Divorce State?
California is a no-fault divorce state. This means that, if you are seeking to dissolve your marriage, you don't have to prove that your spouse did anything to warrant such action. Instead, you can say that the marriage is broken beyond repair – there were irreconcilable differences.
Filing for Divorce in San Diego
Once you have decided to move forward with a divorce, you need to begin the process of filing. The filing process requires careful attention to detail, preparation, and patience. In the state of California, to file for dissolution of a marriage, either you or your spouse must be a resident of California for at least six months and a resident of the county in which you are filing for divorce for at least three months.
There are many forms to fill out in order to begin a court case for divorce. Our team of San Diego divorce attorneys can help you comb through each form to ensure everything is properly filled out and filed.
To file your divorce case in CA, you must follow four steps:
Complete all court forms: To effectively file for a divorce, you must fill out several forms. You
must ensure that all information is complete and correct, as it affects
how your case progresses.
The documents you may be required to complete include:
- Petition: On this document, you indicate to the court that you are requesting a divorce.
- Summons: This form contains the conditions you and your spouse must abide by during the divorce proceedings. For instance, you may have limits on what you can do with your property.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: You must complete this document if you have children with your spouse. If you are seeking a court-ordered visitation and custody arrangement, you have the option of submitting the Child Custody and Visitation form.
- File all forms with the court: You must submit the originals and copies of all completed forms to the clerk in the county you're seeking a divorce. At this time, you must also submit a filing fee.
- Serve the first set of court forms to notify your spouse of the divorce: Before a judge can make any orders concerning your divorce, your spouse must be notified that you have filed to dissolve your marriage. You must "serve" them with copies of the forms you filed with the court. You cannot do this yourself, but you can have an adult friend or relative do so. You may also ask the county sheriff or a process server to deliver the documents to your spouse.
- Complete and serve your financial disclosure forms: As part of the divorce proceedings, you and your spouse must document all assets and debts. This is required for property division purposes. You must submit your financial disclosure forms to the court within 60 days of filing your divorce petition.
Upon filing, you must see if and how your spouse responds and whether or not the two of you can come to an agreement. There are different procedures to follow depending on whether or not your spouse files a response with the court and whether or not you have come to an agreement. To help you comb through the details and to ensure you are never being taken advantage of, you need an experienced San Diego divorce attorney on your side.
How Is Property Divided in a California Divorce?
In California, when two people get married, any property and debt they acquire during the marriage is community property. Upon divorce, community property is divided fairly and equally between both spouses. This may mean that you each get half of the assets or debts. But typically, it will be split equitably. For instance, if you get the house, which has a high value, you might also get a line of credit with a high balance to even out the distribution.
Anything a person owned or owed before their marriage is considered separate property. These types of debts and assets are not divided in the divorce. You keep what you had, and your spouse keeps what they had.
It's important to note that even if you and your spouse are able to come to an informal agreement about how your property and debt should be divided, the decision is not final until a judge reviews and signs off on it.
What to Do Once Your Divorce Is Finalized
Once your divorce is finalized, you probably still have a few things that need to be taken care of. If you have a will in which your ex-spouse is a beneficiary, you may want to consider altering it. You may also want to close any shared banking accounts, adjust your income tax withholding status, change the title on any shared vehicles, and more. Ensuring that all ties are cut will help you to start fresh and move on from your divorce.
San Diego Divorce Attorneys Helping You Settle Your Divorce Cases in CA
The divorce lawyers in San Diego at the Law Office of George Gedulin are here to fight for you. We always strive to settle family cases outside of court to prevent further hurt or stress. We have a proven record of success and extensive trial experience. We are here to help you navigate through this overwhelming time in your life.