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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

To file for divorce and begin divorce proceedings in California, at least one spouse must have been a resident of the state for a minimum of six months, and they must have lived in the county where they plan to file for at least three months. These residency requirements must be met before the court will officially accept your case.

It’s important to note that these time requirements can affect the timing of your divorce proceedings, especially if one spouse recently moved. In such cases, speaking with a qualified divorce lawyer can help clarify the best strategy based on your unique situation. A divorce lawyer can also help you understand how residency affects jurisdiction and whether temporary orders can be filed in the meantime.

California follows the community property principle, meaning that assets and debts acquired during the marriage are generally split equally. However, there can be exceptions to this general rule—such as inheritances, gifts, or assets acquired before the marriage—that may be considered separate property. Because property division can quickly become complicated, especially when businesses, real estate, or retirement accounts are involved, it’s important to consult with an experienced family law attorney. A family law attorney can help ensure that everything is properly classified and fairly divided.

Many family lawyers also work with financial experts to trace commingled assets and advocate for a division that reflects each spouse’s contributions. Family lawyers play a crucial role in protecting your interests and making sure the outcome aligns with California law.

California imposes a mandatory six-month waiting period from the date the divorce petition is served before the divorce can be finalized. While some cases may take longer, this waiting period is a legal requirement. This waiting period is part of the legal process and cannot be shortened, regardless of circumstances. While some cases may extend beyond six months due to complexities in the legal process, the six-month period is the minimum required. A qualified divorce attorney with years of experience can help you navigate each step and ensure your case moves forward as efficiently as possible.

Spousal support, or alimony, may be awarded based on factors like the length of the marriage, each spouse’s financial situation, and the other factors set forth in California Family Code Section 4320.

Child custody decisions in California prioritize the best interests of the child. The court may award joint or sole custody, taking into account factors like the child’s age, health, and the ability of each parent to provide a stable and supportive environment.

To file for divorce and begin divorce proceedings in California, at least one spouse must have been a resident of the state for a minimum of six months, and they must have lived in the county where they plan to file for at least three months. These residency requirements must be met before the court will officially accept your case.

It’s important to note that these time requirements can affect the timing of your divorce proceedings, especially if one spouse recently moved. In such cases, speaking with a qualified divorce lawyer can help clarify the best strategy based on your unique situation. A divorce lawyer can also help you understand how residency affects jurisdiction and whether temporary orders can be filed in the meantime.

California follows the community property principle, meaning that assets and debts acquired during the marriage are generally split equally. However, there can be exceptions to this general rule—such as inheritances, gifts, or assets acquired before the marriage—that may be considered separate property. Because property division can quickly become complicated, especially when businesses, real estate, or retirement accounts are involved, it’s important to consult with an experienced family law attorney. A family law attorney can help ensure that everything is properly classified and fairly divided.

Many family lawyers also work with financial experts to trace commingled assets and advocate for a division that reflects each spouse’s contributions. Family lawyers play a crucial role in protecting your interests and making sure the outcome aligns with California law.

California imposes a mandatory six-month waiting period from the date the divorce petition is served before the divorce can be finalized. While some cases may take longer, this waiting period is a legal requirement. This waiting period is part of the legal process and cannot be shortened, regardless of circumstances. While some cases may extend beyond six months due to complexities in the legal process, the six-month period is the minimum required. A qualified divorce attorney with years of experience can help you navigate each step and ensure your case moves forward as efficiently as possible.

Spousal support, or alimony, may be awarded based on factors like the length of the marriage, each spouse’s financial situation, and the other factors set forth in California Family Code Section 4320.

Child custody decisions in California prioritize the best interests of the child. The court may award joint or sole custody, taking into account factors like the child’s age, health, and the ability of each parent to provide a stable and supportive environment.

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.