How to File for Divorce in San Diego

Divorce is a difficult experience that can quickly become overwhelming with all the filing requirements and court appearances. Understanding how to start a divorce in San Diego and what it takes to file for divorce in San Diego helps reduce stress, protect your finances, and keep you on track.

Below are the key steps in the San Diego divorce process, from obtaining forms to finalizing judgment.

1. Obtain The Required Divorce Forms

The first step to file for divorce in San Diego or start a divorce in San Diego is to complete the necessary forms from the court. These include:

Hiring an experienced California family law attorney or mediator can save valuable time when you file for divorce in San Diego. A qualified attorney ensures that every document is correctly prepared and worded to protect your rights, especially if the other party fails to respond.

2. Complete and File with the Family Law Court

Once all forms are complete, the next step in the San Diego divorce process is filing them with the appropriate family law court and paying the initial filing fee, unless you qualify for a fee waiver.

The Preliminary Declaration of Disclosure and Schedule of Assets and Debts are not filed with the court but must still be prepared and exchanged between spouses. Many people attempt to handle the paperwork themselves to save money when they file for divorce in San Diego, but the process involves many technical details that can cause delays or rejected filings. Consulting an experienced attorney or divorce coach before you start a divorce in San Diego ensures your case proceeds smoothly and efficiently.

3. Serve the Divorce Papers

After you file for divorce in San Diego, copies of the divorce petition and related documents must be personally served to your spouse by someone over the age of 18 who is not involved in the case. Once the documents are delivered, a proof of service form must be filed with your local family court. This official filing starts the 30-day period for the respondent to file their response.

Proper service is very important when you start a divorce in San Diego. If your spouse is not served correctly, your San Diego divorce process may be delayed or dismissed, so it’s often best to have a professional handle this step.

4. File the First Response Within 30 Days

If the respondent replies within 30 days, both parties exchange financial information as required by California Family Code. These disclosures, known as the Preliminary Declaration of Disclosure, must be completed and exchanged within 60 days unless already submitted.

If your spouse does not respond within the 30-day deadline, you may request a default judgment after showing proof that your financial disclosures were properly served. This allows your case to move forward without the respondent’s participation, provided all requirements of the San Diego divorce process have been met.

5. Determine if Uncontested or Contest Divorce

At this stage of the San Diego divorce process, the court determines whether your case will proceed as uncontested or contested.

  • Uncontested divorce: If both parties reach an agreement on all issues, including property division, custody, spousal support, and child support (if applicable), the court will approve the agreement and issue a final judgment of dissolution.
  • Contested divorce: If the parties cannot agree during the San Diego divorce process, court hearings will likely be scheduled.  There may be one or more hearings scheduled in 90-120 days on temporary issues, if formally requested by a party through the filing of a Request for Order.  Contested cases often eventually settle, at different points in the process for each case.  If a contested case is unable to be settled and a trial is set to decide the remaining issues, this would likely occur more than one year from when the case begins.  During this period, both sides continue exchanging documents and negotiating possible settlements. 

Start a Divorce in San Diego Divorce with Confidence

Filing for divorce can be complex and emotionally draining, but you don’t have to navigate the process alone. Before you start a divorce in San Diego, consult with the trusted team at Fair Cadora.

Our skilled San Diego divorce attorneys will guide you through every step of the San Diego divorce process, from preparing paperwork to representing you in court if necessary. We’ll help you understand your options, ensure compliance with all California divorce laws, and protect what matters most.

Take the first step toward clarity and peace of mind. Contact Fair Cadora today to schedule a consultation and get clear answers about how to file for divorce in San Diego.