San Diego Divorce Attorney

Navigating the Divorce Process with an Attorney

Divorce is a major emotional event that can happen for any number of reasons; but regardless of the circumstances behind your divorce, you need an attorney to help you with the process. Poor communication, arguments, and infidelity are the three top reasons why couples get divorced, and each of these can be amplified by certain characteristics such as age, education, income, and religion. Even in the simplest of scenarios, divorce can take a huge toll on all involved parties.

When facing a situation as serious as divorce, it is important to have adequate legal support from a family divorce attorney in San Diego. Our team at Claery & Hammond, LLP represents clients during all types of divorce proceedings, including:

• Divorce Mediation
• Collaborative Divorce
• Contested Divorce
• Military Divorce
• Legal Separation

How Our Divorce Lawyers in San Diego Can Help

There are several ways a divorce lawyer in San Diego can assist you and make your life easier during this tumultuous time. Certain petitions and documents must be filed in order under strict deadlines for a divorce to occur. When children are present in divorce scenarios, things like child custody and child support must be decided. A divorce lawyer can help you navigate these complex issues and can guide you through divorce mediation if necessary so that both parties can come to an agreement that suits everyone, including the children.

An attorney can provide you with personalized support, ensuring that your unique circumstances are fully considered to achieve the best possible outcome. Legal representatives can also act as mediators to facilitate discussions between parties, which can often defuse tension and promote a more amicable divorce process. Additionally, they will ensure your rights are protected throughout the settlement negotiation process.

In some situations, it is impossible for the couple to decide among themselves the terms of their divorce, and a lawyer will need to step in and conduct litigation to resolve issues such as who will get visitation rights or the amount of alimony to be provided. Having an attorney intervene on these important and contentious issues can be very helpful and will help ensure the divorce process proceeds more quickly and smoothly.

In addition to resolving conflicts, divorce attorneys are adept at managing the division of assets. This includes not only tangible assets like properties and vehicles but also financial assets such as retirement accounts, stocks, and family businesses. Proper legal guidance ensures that asset division is handled fairly and complies with California's community property laws.

San Diego Divorce Laws & Considerations

Understanding local divorce laws is vital for anyone going through the process in San Diego. California is a community property state, meaning that all assets acquired during the marriage are typically divided equally unless stated otherwise in a prenuptial agreement. This can significantly impact how assets and debts are distributed during a divorce.

In addition to property division, spousal support, often referred to as alimony, is another critical aspect determined under California law. The court considers various factors, such as the length of the marriage and each spouse's financial needs. Having a knowledgeable divorce lawyer in San Diego can help you navigate these complexities to ensure a fair outcome.

Navigating Child Custody & Support

Child custody and support are often the most emotionally charged aspects of a divorce. In California, the court places a strong emphasis on what arrangement would be in the child's best interests. This can involve factors like each parent's relationship with the child, their ability to care for the child, and any history of family violence.

A divorce attorney will help to create a parenting plan that outlines custody and visitation schedules. The aim is to minimize disruption to the child's routine and maintain a balanced relationship with both parents. San Diego courts encourage parents to cooperate and reach an agreement without litigation whenever possible.

Divorce Mediation & Collaborative Options

Many prefer mediation and collaborative divorce for their cost-effectiveness and emphasis on mutual decision-making. These alternatives allow couples to settle disputes outside court, saving time and legal fees, while also reducing hostility.

Through mediation, a neutral third party helps the divorcing couple reach an agreement on various issues. This process empowers both parties to have control over the divorce terms rather than leaving decisions solely to a judge. Collaborative divorce involves each party having their own attorney trained in collaborative law to facilitate negotiations. This team approach fosters open communication and cooperation.

Frequently Asked Questions

What Is the Difference Between Legal Separation & Divorce?

Legal separation allows couples to live apart and settle issues related to finances, property, and child custody without formally ending the marriage. It is an alternative for those who wish to avoid divorce for personal or religious reasons. Unlike divorce, legal separation does not terminate the marriage, meaning neither party can remarry. It can also serve as a trial period for couples uncertain about proceeding with a divorce.

How Does California's No-Fault Divorce Affect My Case?

In a no-fault divorce state like California, neither spouse needs to prove the other's wrongdoing to obtain a divorce. The primary grounds cited is usually irreconcilable differences. This approach aims to reduce conflict during divorce proceedings by focusing on equitable distribution of property and responsibilities rather than assigning blame.

How Long Does the Divorce Process Take in San Diego?

Divorces in California are subject to a mandatory waiting period of six months from the date of service of the divorce petition. However, the complexity of the divorce can lengthen the process. Factors like asset division complexity, child custody agreements, and both parties' willingness to negotiate will influence the timeline.

Can I Modify a Child Support Order?

Yes, child support orders in San Diego can be modified if there is a significant change in circumstances. This might include alterations to income, employment status, or the needs of the child. The petitioning party must provide evidence of these changes to justify a modification request.

What Should I Bring to My Initial Consultation with a Divorce Attorney?

For a productive initial consultation, bring any pertinent documentation, such as income statements, tax returns, property deeds, and a list of marital debts and assets. These documents will help your attorney offer tailored advice and plan a strategy that best suits your circumstances.

Contact Claery & Hammond, LLP Today for Strong Advocacy & Caring Legal Counsel.