Call Us Now
Email Us NowDivorce Attorneys in San Diego
Divorce & Mediation Services in San Diego CA
Going through a divorce is never easy. Whether your separation is cooperative or contentious, it’s important to understand the process and your legal options. In San Diego, divorce involves critical decisions about property, children, and finances — and having the right legal guidance can make all the difference. At Khosroabadi & Hill, we help individuals navigate divorce in San Diego CA with clarity, strategy, and support from start to finish.
Divorce mediation in San Diego CA can help you stay in control of decisions and reduce legal stress. Talk to our team to see if it’s a fit for your situation.
How to File for Divorce in San Diego CA
The first step to getting a divorce in California is to make sure you or your spouse fulfill the residency requirements – you or your spouse must have lived in the state of California for at least six months prior to filing for divorce and at least three months in your current county. Then, you can begin preparing the required paperwork. Divorces in California start with two specific forms, called Summons and Petition. If you have children, there are additional forms to complete.
A Summons is a critical document because it serves as a notice to your spouse informing them that you have filed for divorce and giving them a deadline of 30 days to respond and state whether they agree with the terms of the divorce or not. The Summon also establishes that both parties are now subject to certain laws that prohibit them from doing things like taking children out of the state of California, selling or disposing of any property, and canceling or changing any health insurance policies while the divorce is pending.
The Petition is also important and required to start a divorce because it lists key information for the judge to initiate the divorce. It also contains the petitioner’s position on divorce issues, including child custody and support, property division, spousal support, and who should pay for court costs and divorce attorney fees, for example.
After filling out all required forms and paying any applicable fees, take them to your county’s family law clerk’s office to file. Be sure to bring in the original forms as well as two additional copies. After that, the next step is to serve the divorce papers to your spouse, which means delivering them in person. You may not serve papers yourself. Any adult over the age of 18 can serve papers on your behalf, or you may also use the Sheriff’s office or a licensed process server to take care of this step. Once your spouse has been served, they will have 30 days to respond.
In California, there is a mandatory waiting period of six months and one day after the divorce papers are served to your spouse. This means your divorce can only be finalized after the mandatory waiting period. In some cases, you may need to ask the court for temporary orders to address child custody and support, visitation, and other essential aspects. Once granted, temporary orders remain in effect until a final judgment is made.
Next, you and your spouse will take steps to prepare for a hearing, during which the judge will hear both sides and make decisions that will result in final divorce orders. Before the hearing, you and your spouse can come to an agreement and present your agreement to the court for approval, which would eliminate the need for a trial. Alternatively, you may initiate the discovery phase, an effective step that allows you to prepare for trial and obtain important information from your spouse. After your case goes to trial, final divorce orders are issued. You may have a significant waiting period before receiving your filed Judgment with a judge’s signature back from the court, and your divorce is only final after you receive your divorce decree.
Is California a No-Fault Divorce State?
California is a no-fault divorce state, meaning you may get a divorce due to irreconcilable differences, and neither you nor your spouse needs to be blamed for the end of the relationship to get divorced. This also means California is one of many states where an at-fault divorce is not an option.
At-fault divorces require one spouse to prove that the other spouse has done something that led to the end of the marriage, such as cheating, engaging in domestic violence, or irresponsibly selling or disposing of marital property. With the no-fault divorce statute, you do not need to prove any wrongdoing to end your marriage, and only one person needs to petition for divorce, even if the other spouse does not agree. The no-fault divorce statute aims to make the divorce process more manageable by eliminating the need for one spouse to produce evidence against the other. In addition, it does not allow your spouse to delay your divorce by challenging your grounds for divorce.
Contested vs. Uncontested Divorce: Mediation Can Help
When getting a divorce, you and your spouse have the option of making your own decisions and coming up with an agreement about all of the critical issues of the divorce (such as child custody and support, property division, and parenting schedules), than simply presenting your agreement to a judge for approval. This process is referred to as an uncontested divorce, and it takes place when you and your spouse both agree that the marriage is over and wish to resolve your issues amicably.
Ready to avoid the cost and conflict of court? Ask how divorce mediation could help you reach a resolution faster and more peacefully.
On the other hand, a contested divorce occurs when either side cannot come to an agreement about some or all aspects of the divorce. After receiving the Summons, your spouse has 30 days to send a response. If your spouse’s response states that they are not in agreement about any aspect of the divorce, your divorce is now contested. If you can’t work out a mutual agreement, your case will go to trial, and it will be up to a judge to make those decisions on your behalf. Note that your divorce can start as a contested divorce, but if you and your spouse later reach an agreement, you may present your finalized written agreement to the judge and avoid going to trial.
Is There Legal Separation in California?
California allows couples to pursue a legal separation instead of a divorce. A legal separation allows spouses to live apart and have separate lives while still having certain orders in places, such as child support and visitation. In addition, legal separation is not definitive, and if you decide to reconcile with your spouse, later on, you can go back to living as a married couple. It is also important to understand that you may not marry someone else while separated as you are still technically married and must get a divorce before you are allowed to marry another person.
Some couples choose separation before getting a divorce if they are unsure about whether they want to end their marriage or not. Other reasons for getting a legal separation may be religious or financial reasons, the ability to retain certain benefits such as receiving health insurance through your spouse’s employer, tax benefits, or other government benefits, as well as not meeting the California residency requirements for a divorce. It may be a good idea to discuss the advantages and disadvantages of legal separation versus divorce with San Diego divorce attorneys so you can determine the best choice for your situation.
Mediation and Property Division in San Diego Divorces
In California, both marital assets and debts are divided equally between you and your spouse. Therefore, it is important to differentiate what constitutes marital (community) property and what is considered separate property. Community property must be divided between you and your spouse, but each side gets to keep their separate property.
Community property is any assets earned or purchased while you were married, as well as any debts accrued in the course of the marriage. Assets acquired through a gift or inheritance are not counted as community property. In contrast, separate property is anything you or your spouse earned or owned before getting married, including any debts. In addition, anything earned from or purchased with separate property remains separate. In a divorce, you and your spouse may work together to produce an agreement about how property should be divided and present the agreement to a judge for approval. If you cannot agree, the judge may make those decisions on your behalf.
Is Divorce Mediation Right for You in San Diego?
Many couples in San Diego want to avoid the cost, stress, and delays that come with courtroom litigation. Divorce mediation offers a more private, efficient way to resolve your case. A neutral mediator helps both spouses reach agreement on key issues — including property division, support, and custody — without needing a judge to decide.
Mediation takes place outside of court and can be done with or without attorneys present. If successful, the agreement is submitted to the court for approval and becomes legally binding. If mediation doesn’t result in a full agreement, you still have the option to move forward through litigation.
Divorce mediation in San Diego CA is often faster and less expensive than a traditional contested divorce. It may also reduce emotional strain and give both parties more control over the outcome. If you’re open to resolving things cooperatively, it’s a solution worth considering.
Why Work with a Divorce Lawyer for Mediation in San Diego?
Divorces are not only emotionally draining but also require each side to make a series of crucial decisions and comply with all court procedures and deadlines. A San Diego divorce lawyer can help you avoid getting overwhelmed with the process and remove all guesswork and obstacles, helping you turn the page on this difficult chapter of your life in the most efficient way possible. If you are planning to get a divorce or have questions, the San Diego divorce attorneys at Khosroabadi & Hill are ready to help. Call our office at 858-240-2093 to see how we can help you. With offices in San Diego and Temecula, we are ready to serve the residents of San Diego and Riverside Counties.
Divorce doesn’t have to be a battle. Whether you’re filing or exploring mediation, our San Diego divorce lawyers are here to guide you every step of the way.