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What Couples Should Know When Facing Divorce in California

Divorcing your spouse in California can be a challenging and emotionally charged experience for everyone involved. One of the primary concerns that many couples have when deciding to end their marriage is how it will impact their family and finances. It’s essential to remember that a divorce doesn’t have to mean the end of your family or financial stability.

With careful planning, communication, and cooperation, it’s possible to separate amicably and minimize the damage to your family and finances. Consulting with an experienced San Diego divorce attorney can also help you understand your options and protect your best interests. By prioritizing the well-being of your family and working together to find a mutually agreeable solution, you can come out of the process with your family relationships intact and your financial future secured.

Grounds for Divorce in California

If you are preparing to file for divorce in San Diego or have been served with papers, it is important to have a skilled San Diego divorce attorney on your side. You should look for a legal team experienced in handling legal matters in the areas of divorce and family law in San Diego and La Jolla to protect your rights and ensure that you are treated fairly throughout the process. At Fair Cadora, our San Diego divorce attorneys handle your case with care and compassion so you can get through this challenging process and get back to enjoying their lives. Here’s what you need to know about the divorce process in California:

  • At least one spouse must have lived in California for at least six months.
  • At least one spouse must have lived in the county where they are filing for at least three months before filing.
  • California is a “no-fault” state, meaning neither party needs to prove that the other is responsible for the marriage breakdown. The only requirement to move forward with this process is “irreconcilable differences,” which means that the marriage cannot be saved.
  • One spouse must file a petition for dissolution of marriage with the court and serve the other spouse with a copy of the petition and a summons.
  • There is a mandatory six-month waiting period from the time the petition is served to the finalization. In some cases, this waiting period can be waived by the court.
  • California is a community property state, meaning all property acquired during the marriage is generally considered community property and will be divided equally between the spouses.
  • If you have children, the court will determine child custody and visitation arrangements based on the best interests of the child. Child support will also be ordered based on a statewide guideline calculation.

Finding the Right San Diego Divorce Attorney

The San Diego divorce attorney you choose to represent you in your case can affect the rest of your life. It’s important to choose wisely. When searching for an attorney to represent you it is important to hire an attorney that specializes in divorce and family law in San Diego and La Jolla and is familiar with the judges and courts in your specific county. Additionally, your San Diego divorce attorney should be someone you can trust and feel comfortable with. If you wouldn’t feel comfortable allowing your attorney to advocate for you in your absence, they’re probably not the right attorney for you.

What sets Fair Cadora apart from other family law firms in San Diego and La Jolla is their extensive experience in family law, with over 50 years of combined world-class experience. Attorney Kevin L. Cadora has personally handled hundreds of high-conflict divorce cases, giving him an intimate understanding of the nuances and complexities involved in these types of cases, and is Board Certified Family Law Specialist.   Attorney Lauren M. Fair is a Board Certified Family Law Specialist, which means that she has been recognized as a legal expert in the field of family law.  This designation is only granted to attorneys who have demonstrated a high level of expertise and experience in this area of law in California.  Attorney Fair has many years of divorce litigation experience and now focuses her practice on empowering clients to resolve their divorce outside of court whenever possible.

When you work with a San Diego divorce attorney at Fair Cadora, you get a team of legal experts that fight tirelessly to protect your rights and interests, and work hard to uncover the truth of your situation. Our San Diego divorce attorneys also understand that sometimes settlement may be the best option for their clients, and they will strive to reach a solution that is fair and equitable.

California Divorce Options

In the state of California, you have several divorce options and our San Diego divorce attorneys will work with you to determine which option makes the most sense for your unique situation.

Here’s the different options available to you in California:

  • Uncontested Divorce — This option works best when both spouses agree on all of the terms of their divorce in San Diego, including property division, child custody, child support, and spousal support. Typically this option is less expensive and quicker.
  • Contested Divorce / Litigation — When the spouses cannot agree on the terms of the divorce and must go to court to have a judge decide the issues. This option can be more time-consuming and expensive than an uncontested divorce because it typically takes longer to reach an agreement in highly contentious circumstances.
  • Mediation — Mediation is a process where a neutral third party, known as a mediator, helps the spouses negotiate and reach an agreement on the terms of the divorce. Mediation can be less adversarial than going the contested route and can help the parties maintain control over the outcome. Even during mediation, it’s wise to work with an experienced San Diego divorce attorney who can prepare you to confidently engage in mediation, review agreements, protect your rights, and ensure the final settlement supports your best interests.
  • Attorney-to-Attorney Negotiation — A divorce in San Diego involving attorney-to-attorney negotiation is when the spouses and their attorneys agree to work together outside of court to reach a settlement. This process can be more amicable and can help the parties maintain a cooperative relationship after the divorce.
  • Collaborative Divorce — When spouses and their attorneys agree to work together outside of court to reach a settlement. This process can be more amicable and can help the parties maintain a cooperative relationship after their marriage has ended.
  • Legal Separation — A legal separation is when the spouses live separately but remain legally married. This option can be chosen for religious, financial, or other personal reasons, and can be converted into a divorce later on.
  • Summary Dissolution — A summary dissolution is a simplified divorce process in the legal system available to couples who meet specific eligibility requirements, such as having been married for less than 5 years and not having children together. This option can be faster and less expensive than a divorce in San Diego, but not all couples qualify.

Common Mistakes to Avoid During Divorce in San Diego

Even well-intentioned spouses can make decisions that hurt their case. Avoid these pitfalls:

  • Acting Without Legal Advice: Trying to navigate a complex legal matter or a high-asset divorce without a San Diego divorce attorney can lead to costly mistakes.
  • Making Emotional Decisions: Choices based on anger or revenge often result in less favorable outcomes.
  • Ignoring Financial Details: Overlooking debts, taxes, or retirement accounts can impact your financial future.

Our experienced San Diego divorce attorneys know the right tools, strategies, and timing to protect your interests and help you avoid these missteps.

Why Choose Fair Cadora for Your Divorce in San Diego

We understand that divorce is a deeply personal legal matter and hiring an attorney can make the process even more overwhelming. Our San Diego divorce attorneys combine legal knowledge with practical solutions to protect your family and financial future. Whether you’re facing a straightforward uncontested divorce or a high-conflict, contested divorce, we have the tools and strategies to handle your case effectively from start to finish.

We also offer a low-cost consultation, called a Strategy Session, so you can meet with our team, understand your options, and decide the best path forward before committing to your choice of counsel. Contact us today to schedule a case evaluation to get started.

Fair Cadora, APC 

 

Address: 9635 Granite Ridge Dr #150, San Diego, CA 92123, United States

Phone: +1 619-255-8500

Opening Hours:
Mon – Fri 8:30 a.m.–5 p.m.

Schedule a Strategy Session with One of Our Expert San Diego Divorce Attorneys

At Fair Cadora we understand just how overwhelming the divorce process can be. Our divorce attorneys are experienced in handling divorce cases in San Diego. We like for our potential new clients to get to know us and get a feel for our practice, so they can feel confident with our representation. If you’re facing the divorce process and not sure where to start, contact one of our experienced San Diego divorce attorneys to schedule a case evaluation to get started.

Request a case evaluation

Request Case Evaluation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

Request a Case Evaluation Today
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Frequently Asked Questions

Yes, dating during divorce is legal in California, but it can still affect the outcome of your case. Even though California is a no-fault divorce state, your behavior during the divorce process may influence issues such as child custody, spousal support, and property division.

For example, introducing a new partner too soon or making decisions that impact your children’s stability can negatively affect custody determinations. Financially, living with a new partner or sharing expenses may influence how spousal support is calculated. Dating can also increase tension between spouses, making it more difficult to reach a settlement and potentially leading to longer and more expensive litigation.

If you choose to date during divorce, it is important to proceed cautiously. Keeping the relationship private, avoiding financial entanglement, and consulting with your lawyer can help minimize risks while your case is ongoing.

If your spouse lives in another state or abroad, you can still proceed with a divorce in California as long as you meet the state’s residency requirements. One of the main challenges in these cases is properly serving divorce papers, which must follow specific legal procedures depending on where your spouse is located.

Jurisdiction can also become more complex, particularly when dealing with issues such as property division, child custody, or support. The court must have authority over the case, and different rules may apply if your spouse is outside California or in another country.

In addition, enforcing court orders across state or international borders may require additional legal steps, such as registering foreign or out-of-state orders in California to ensure they can be enforced.

Because of these added complications, working with an experienced divorce attorney is important to ensure proper procedure, protect your rights, and avoid delays in the process.

The first 30 days after being served with divorce papers in San Diego are critical because you must file a formal response within that deadline. Failing to respond on time can result in the court moving forward without your input, which may significantly impact your rights and the outcome of your case.

During this period, it is important to carefully review the documents you received, understand what your spouse is requesting, and begin preparing your response. This stage often also involves organizing financial information, as both parties will be required to exchange detailed disclosures about income, assets, and debts early in the process.

Taking prompt action and seeking legal guidance can help ensure your response is properly completed, deadlines are met, and your interests are protected from the very beginning of the divorce process.

Yes, social media activity can significantly affect your divorce case in California because posts, messages, and other online behavior may be used as digital evidence in family law proceedings. Content shared on platforms like Instagram, Facebook, or TikTok can be reviewed and presented in court if it relates to issues such as finances, parenting, or credibility.

Online activity may also impact key aspects of your case, including child custody, support, and property division. For example, posts that contradict financial claims or raise concerns about judgment or parenting decisions can be used against you.

As a result, it is important to be cautious about what you share during a divorce, as even seemingly harmless content can have unintended legal consequences.

The cost of a divorce lawyer in California varies widely depending on the complexity of the case, but most attorneys charge hourly rates ranging from about $300 to $650 or more. Many lawyers also require an upfront retainer, typically between $3,500 and $10,000, which is applied toward ongoing legal work.

On average, a full divorce with legal representation may cost between $12,000 and $17,500 per person, though simpler uncontested cases can cost as little as $2,500 to $5,000. In contrast, contested divorces involving disputes over custody, property, or support can exceed $20,000 depending on the level of conflict and court involvement.

Ultimately, the total cost depends on factors such as the level of disagreement between spouses, the complexity of finances or parenting issues, the process used (such as mediation or litigation), and the attorney’s experience and location.

Protecting your assets during a contested divorce in California starts with understanding how community property laws apply. In most cases, assets and debts acquired during the marriage are divided equally, but disputes often arise over what qualifies as community versus separate property, especially when assets have been commingled.

To protect your financial interests, it is important to gather and organize all financial records, clearly identify separate property such as assets owned before marriage or received as gifts or inheritance, and avoid transferring or hiding assets, as this can negatively affect your case. Obtaining professional valuations for major assets like real estate, businesses, or retirement accounts can also help ensure a fair division.

Working with an experienced divorce attorney is often critical in contested cases, as they can help protect your rights, ensure full financial disclosure, and advocate for a fair outcome when disputes over complex assets arise.

Yes, dating during divorce is legal in California, but it can still affect the outcome of your case. Even though California is a no-fault divorce state, your behavior during the divorce process may influence issues such as child custody, spousal support, and property division.

For example, introducing a new partner too soon or making decisions that impact your children’s stability can negatively affect custody determinations. Financially, living with a new partner or sharing expenses may influence how spousal support is calculated. Dating can also increase tension between spouses, making it more difficult to reach a settlement and potentially leading to longer and more expensive litigation.

If you choose to date during divorce, it is important to proceed cautiously. Keeping the relationship private, avoiding financial entanglement, and consulting with your lawyer can help minimize risks while your case is ongoing.

If your spouse lives in another state or abroad, you can still proceed with a divorce in California as long as you meet the state’s residency requirements. One of the main challenges in these cases is properly serving divorce papers, which must follow specific legal procedures depending on where your spouse is located.

Jurisdiction can also become more complex, particularly when dealing with issues such as property division, child custody, or support. The court must have authority over the case, and different rules may apply if your spouse is outside California or in another country.

In addition, enforcing court orders across state or international borders may require additional legal steps, such as registering foreign or out-of-state orders in California to ensure they can be enforced.

Because of these added complications, working with an experienced divorce attorney is important to ensure proper procedure, protect your rights, and avoid delays in the process.

The first 30 days after being served with divorce papers in San Diego are critical because you must file a formal response within that deadline. Failing to respond on time can result in the court moving forward without your input, which may significantly impact your rights and the outcome of your case.

During this period, it is important to carefully review the documents you received, understand what your spouse is requesting, and begin preparing your response. This stage often also involves organizing financial information, as both parties will be required to exchange detailed disclosures about income, assets, and debts early in the process.

Taking prompt action and seeking legal guidance can help ensure your response is properly completed, deadlines are met, and your interests are protected from the very beginning of the divorce process.

Yes, social media activity can significantly affect your divorce case in California because posts, messages, and other online behavior may be used as digital evidence in family law proceedings. Content shared on platforms like Instagram, Facebook, or TikTok can be reviewed and presented in court if it relates to issues such as finances, parenting, or credibility.

Online activity may also impact key aspects of your case, including child custody, support, and property division. For example, posts that contradict financial claims or raise concerns about judgment or parenting decisions can be used against you.

As a result, it is important to be cautious about what you share during a divorce, as even seemingly harmless content can have unintended legal consequences.

The cost of a divorce lawyer in California varies widely depending on the complexity of the case, but most attorneys charge hourly rates ranging from about $300 to $650 or more. Many lawyers also require an upfront retainer, typically between $3,500 and $10,000, which is applied toward ongoing legal work.

On average, a full divorce with legal representation may cost between $12,000 and $17,500 per person, though simpler uncontested cases can cost as little as $2,500 to $5,000. In contrast, contested divorces involving disputes over custody, property, or support can exceed $20,000 depending on the level of conflict and court involvement.

Ultimately, the total cost depends on factors such as the level of disagreement between spouses, the complexity of finances or parenting issues, the process used (such as mediation or litigation), and the attorney’s experience and location.

No, sole legal custody and sole physical custody are not the same in California. Sole legal custody refers to who makes major decisions for the child, while sole physical custody determines the child’s primary residence.