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Family Law Attorneys in San Diego

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San Diego Family law attorney

Understanding Family Law in California

Family law in California covers a wide range of issues involving families and domestic relationships. Common areas include:

One of the most common family law issues in California is divorce. In California, a divorce is called a “dissolution of marriage.” California is a “no-fault” divorce state, which means that a spouse does not have to prove that the other spouse did something wrong in order to get a divorce. The only requirement is that one spouse must state that the marriage is irretrievably broken. In a dissolution of marriage, the court will divide the property and debts of the parties and make decisions about child custody, visitation, and support.

Navigating the divorce process in San Diego can be difficult. Below are some key areas most San Diego couples must have a tight handle on throughout their journey.

Navigating Child Custody in California

Child custody is one of the most emotional and complex areas of family law services. San Diego courts base decisions on the best interests of the child, which may include factors such as:

  • The child’s age and overall health
  • The relationship with each parent
  • Each parent’s ability to provide care
  • The child’s preferences, if mature enough to express them

There are two main types of custody in California:

  • Legal custody: The right to make important decisions about education, healthcare, and religion
  • Physical custody: Where the child lives and spends time on a daily basis

Custody arrangements in San Diego may be joint, allowing both parents to share decision-making and parenting time, or sole, where one parent takes on primary custody. An experienced attorney can clarify the different types of custody when providing you with family law services in San Diego. 

Child Support in California

Child support is an important aspect of family law in San Diego. When parents separate or divorce, the court may order one parent to pay child support to the other parent in order to help support the child’s financial needs. Child support is calculated based on a formula that takes into account factors such as:

  • The income of both parents
  • The amount of time each parent spends with the child
  • Other relevant factors, such as healthcare or special needs

The purpose of child support is to ensure that both parents contribute financially to the support of their child. In California, child support payments are generally made until the child reaches the age of 18 and graduates from high school, or reaches the age of 19, whichever occurs later. 

However, in some cases, child support may be ordered to continue beyond this age, such as if the child has legally become an adult but is unable to work due to having special needs. It is important to note that child support orders can be modified if there is a significant change in circumstances, such as a change in income or a change in the child’s needs. An experienced San Diego family law attorney can help you with all family law matters, like navigating the child support process in California and ensure that your rights and the best interests of your child are protected.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are legal documents that alter the default application of California law to the spouse’s property and/or support rights as a result of the marriage.

  • Prenuptial agreements are created before marriage.
  • Postnuptial agreements are created after marriage.

There are numerous technical requirements that must be followed in the creation and execution of a prenuptial or postnuptial agreement in order for it to be valid in San Diego. A San Diego lawyer experienced in family law services such as prenuptial and postnuptial agreements can help ensure that the agreement is legally binding, fair, and enforceable. 

Hiring a Family Law Attorney that Specializes in San Diego

Hiring a San Diego family law attorney who specializes in divorce and family law services can provide valuable insight, guidance, and representation throughout the legal process for cases involving divorce, child custody, child support, spousal support, property division, and prenuptial or postnuptial agreements. The attorney’s familiarity with the local courts, judges, and procedures can help protect clients’ rights and interests, while their experience and knowledge can provide informed decision-making and effective negotiation or litigation strategies. Choosing an attorney with a track record of success in handling family law cases in San Diego and who is responsive and communicative can ensure that your rights are protected and you are able to achieve the best outcome from your case. The family law attorneys at the Fair Cadora family law firm have over 40 years of experience handling divorce and family law cases in San Diego. If you need guidance on a family law matter, reach out to our team today to schedule a consultation.

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 Consultation with a Family Law Attorney in San Diego

At Fair Cadora, we specialize in family law and offer a team of experienced divorce attorneys who can provide expert legal services for clients facing various family law issues, including divorce, property division, child custody, and support. We take the time to listen to our clients’ concerns and answer their questions during an initial consultation where we determine the best legal options for their case. Our team is dedicated to providing personalized attention and support to clients throughout the legal process to help them achieve the best possible outcome. If you need a family law attorney in San Diego, contact us today to schedule a strategy session with one of our experienced attorneys.

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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.

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Frequently Asked Questions

Child custody decisions in California are based on the best interests of the child. Factors such as each parent’s ability to provide a stable environment, the child’s age, and the child’s relationship with each parent are considered.

To file for divorce in California, one spouse must meet the residency requirements, complete the necessary forms, and file them with the court. The process includes serving the other spouse, the preparation and exchange of financial disclosures, and resolving issues like property division and spousal support. The specific process varies by case and can be discussed in detail with one of our attorneys.

Spousal support in California is determined by factors such as the length of the marriage, each spouse’s earning capacity, and contributions to the marriage, among others. Temporary support may be ordered during divorce proceedings, and long-term support is based on various considerations set forth in Family Code Section 4320.

Yes, California allows grandparents to seek visitation rights under certain circumstances. These requests can be challenging when opposed by one or more of the child’s parents.

Community property in California includes assets and debts acquired during the marriage. Upon divorce, community property is generally divided equally between spouses, with some exceptions. This includes various aspects of divorce such as real estate, bank accounts, and retirement assets. In many cases, a family law practice will help evaluate how real estate and other shared property should be handled. Because property division is pivotal in divorce proceedings, it’s essential to work with experienced family law lawyers to ensure a fair and accurate division.

Child custody decisions in California are based on the best interests of the child. Factors such as each parent’s ability to provide a stable environment, the child’s age, and the child’s relationship with each parent are considered.

To file for divorce in California, one spouse must meet the residency requirements, complete the necessary forms, and file them with the court. The process includes serving the other spouse, the preparation and exchange of financial disclosures, and resolving issues like property division and spousal support. The specific process varies by case and can be discussed in detail with one of our attorneys.

Spousal support in California is determined by factors such as the length of the marriage, each spouse’s earning capacity, and contributions to the marriage, among others. Temporary support may be ordered during divorce proceedings, and long-term support is based on various considerations set forth in Family Code Section 4320.

Yes, California allows grandparents to seek visitation rights under certain circumstances. These requests can be challenging when opposed by one or more of the child’s parents.

Community property in California includes assets and debts acquired during the marriage. Upon divorce, community property is generally divided equally between spouses, with some exceptions. This includes various aspects of divorce such as real estate, bank accounts, and retirement assets. In many cases, a family law practice will help evaluate how real estate and other shared property should be handled. Because property division is pivotal in divorce proceedings, it’s essential to work with experienced family law lawyers to ensure a fair and accurate division.

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.