Divorce in San Diego isn’t just a matter of saying, “Okay, we’re done.” You have to meet residency rules, which means living in California for six months and in San Diego County for at least three months before you can even file. That’s the law because California courts want to make sure they have the right to decide your case.
Once you hit those milestones, you file a Petition for Dissolution at the San Diego Superior Court. There’s a fee, usually around $435 to $450, unless you apply for a fee waiver, which is an option if money is tight. After filing, you have to legally serve your spouse. That means someone over 18 delivers the papers, and then you file proof that they got them.
Then comes the six-month rule. Even if you and your spouse agree on everything the day you file, you can’t be divorced until at least six months from the day your spouse is served. That’s just how it works in California. Things are even harder if you’re not working with a qualified San Diego divorce lawyer.
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Child Custody and Support in San Diego
Child custody can be confusing because it’s not just about where the kids live. Courts always focus on the child’s best interests. That means they look at everything, starting right from who can provide stability, school, healthcare, and emotional support.
Joint custody is common, but it doesn’t always mean a perfect 50/50 split of time. It mostly means both parents get to make big decisions together.
Child support is calculated by state rules. Even if you share custody evenly, the parent who earns more usually pays some support to the other parent. It’s not about punishing anyone; it’s about keeping the child’s life as steady as possible.
Property Division
California is a community property state. That means anything earned or acquired during the marriage, be it salaries, houses, cars, businesses, or even debts, is shared 50/50. Separate property is supposed to stay yours. That’s stuff you had before the marriage, such as gifts or inheritances meant only for you.
But then again, if separate property gets mixed with shared funds, it can become community property. For example, if you had a savings account before marriage but used joint money to pay for repairs on a house or improvements, the court might say it counts as shared.
Same with a house; even if one spouse bought it before marriage, if the other helped pay property taxes or maintenance, suddenly it’s part community property.
Debts are included too. Loans or bills taken out during marriage can end up shared. This is why people fight. Nobody wants to suddenly owe more than they expected.
Steps for Filing the Divorce
These are the steps involved in filing for a divorce in the city of San Diego:
- Residency:Make sure you’ve lived in California for six months, and in San Diego County for three months.
- File petition:Submit your Petition for Dissolution with the Superior Court and pay the fee, or apply for a waiver.
- Serve spouse:Have someone deliver your papers to your spouse and file proof with the court.
- Wait six months:You can’t be officially divorced before six months have passed from the service.
All the paperwork can be overwhelming, so it’s always best to have a very experienced lawyer by your side while you go through a divorce.
Key Takeaways
- You can’t be divorced in less than six months after serving papers, no matter how quick you are.
- Kids come first. Courts decide custody based on what’s best for them, not what’s easiest for parents.
- Every property that you both earned or got together during marriage is shared 50/50.
- Separate property is supposed to stay yours, but mixing money or paying for shared stuff can mess that up.
- Even if it’s your spouse’s loan, you might have to help pay it.
- Homes, businesses, retirement, and even pets can be part of what gets divided.
