Divorce is a significant life change, and it can feel even more overwhelming without a clear plan in place. Whether your case is simple or complex, having a well-structured divorce checklist can help you stay organized and make informed decisions. If you’re preparing for divorce in San Diego, here are six important steps to guide you through the process.
1. Learn the Divorce Requirements in San Diego
Before anything else, make sure you meet the legal requirements to file for divorce in San Diego. At least one spouse must have lived in California for six months and in San Diego County for at least three months. California is a no-fault state, which means you don’t need to prove wrongdoing. Simply stating “irreconcilable differences” is enough.
Once you file for divorce, there is a mandatory, minimum six-month waiting period before your marital status can be terminated. Understanding these California laws helps set realistic expectations as you move forward with your divorce checklist.
2. Get Your Financial Documents in Order
One of the most time-consuming parts of the divorce checklist is gathering the necessary financial information. You’ll need to collect key documents that provide a clear picture of your financial situation. These may include:
- Tax returns from the last 2–3 years
- Bank and credit card statements
- Pay stubs or proof of income
- Mortgage, loan, and retirement account details
During a divorce, both parties are legally required to disclose all assets, debts, and sources of income. Organizing this information early on allows your divorce attorney to offer more strategic guidance and can help streamline the negotiation process.
3. Identify Your Assets and Debts
Dividing property can be one of the most complicated aspects of divorce. California follows community property laws, which means most assets and debts acquired during the marriage are split equally. However, separate property such as inheritances or assets owned before the marriage, may not be divided. Your divorce attorney can help clarify which assets may be considered community property and which will remain separate during the divorce.
As you work through your divorce checklist, create a detailed list of the assets you and your spouse own, including:
- Real estate
- Vehicles
- Retirement accounts and investments
- Businesses or side income sources
Accurately identifying your assets is an important part of any divorce checklist.
4. Consider Custody and Parenting Plans (If You Have Children)
If you have children, your divorce checklist should include creating a parenting plan. Courts focus on what’s in the child’s best interests and encourage both parents to stay actively involved. You’ll need to think about legal custody (who makes decisions) and physical custody (where the child lives).
If possible, try to collaborate with your co-parent to create a fair and consistent parenting plan. When both parties can agree on terms, the court is usually inclined to approve the arrangement. If an agreement can’t be reached, you may need to resolve the matter through mediation or court intervention.
5. File for Divorce and Address Temporary Orders
Once you’re ready to move forward, the next step is to officially file for divorce. This begins the legal process and gives the court authority to issue temporary orders that provide stability while your case is pending. These orders can cover a range of important issues, such as temporary child custody and parenting time, spousal or child support, who remains in the family home, and how shared expenses will be managed. Temporary orders help establish a framework that protects both parties during the divorce process. Your San Diego divorce attorney will guide you through the paperwork and advocate for terms that support your financial and parental rights.
6. Negotiate a Settlement or Prepare for Court
With your case underway and temporary orders in place, the next step is to work toward a final resolution. Some San Diego divorces are settled through negotiation or mediation, allowing both parties to reach an agreement without the need for a lengthy trial. If a settlement is reached, your divorce attorney will draft the necessary documents and submit them to the court for approval.
However, not all divorces can be resolved peacefully. If you and your spouse are unable to agree on key issues, you may need to go to trial. In that case, a judge will review the evidence and make final decisions on your behalf. Once the court issues and signs the final judgment, your divorce will be legally finalized. You will receive a divorce decree, marking the end of the legal process and the beginning of your next chapter.
Take Control of Your Divorce with Trusted Legal Guidance
At Fair Cadora, we know that every divorce comes with unique challenges. Our experienced divorce and family law attorneys are committed to helping San Diego residents navigate each part of the process. Whether you need help building your divorce checklist, negotiating a fair settlement, or protecting your parental rights, we’re here to advocate for your best interests. Ready to start your next chapter? Contact Fair Cadora today to schedule a consultation and take the first step toward a stronger future.
