Filing for dissolution of marriage in San Diego is one of the most significant legal decisions you will ever make. Every client's situation is unique, and the facts of your case will determine which type of dissolution is right for you. At Doppelt and Forney, APLC, our job is to understand your circumstances, apply the law to your facts, and implement strategies designed to protect your rights and achieve your goals.
Hiring the right San Diego divorce attorney ensures your pleadings are completed correctly, your judgment is properly entered, and you have realistic expectations every step of the way.
Types of Dissolution of Marriage in San Diego
California recognizes two primary types of dissolution of marriage: summary dissolution and standard dissolution. Understanding which applies to your situation is the first step in moving your case forward.
What Is a Summary Dissolution in San Diego?
A summary dissolution is a simplified form of divorce available to couples who meet specific requirements. It involves minimal paperwork and can be completed more quickly and affordably than a standard dissolution. However, it is only available in limited circumstances.
Who Qualifies for a Summary Dissolution?
To qualify for a summary dissolution in San Diego, your situation must meet all of the following requirements:
- The marriage has lasted less than five years
- There are no minor children born of or adopted during the marriage
- Neither party has an interest in any real property
- There are no retirement or pension benefits to divide
- Total personal property does not exceed $25,000 in aggregate value
- Debts, excluding automobile obligations, do not exceed $5,000
- Both parties agree to all terms and conditions of the dissolution
These requirements are subject to change over time. Consulting a San Diego family law attorney before proceeding ensures you are working with the most current rules.
The Summary Dissolution Process
A summary dissolution is filed using the Joint Petition for Summary Dissolution of Marriage, which is Family Law Form 800. Both parties must file jointly. If both parties do not agree, a standard dissolution is the only option.
Both parties must also certify under penalty of perjury that they have read and understood the Summary Dissolution Information booklet, Family Law Form 810. Additional requirements include:
- One party must have lived in San Diego County for at least three months before filing
- One party must have lived in the State of California for at least six months before filing
- Any lease on property must terminate within one year of the filing date
- Both parties must complete Family Law Form 150, the Income and Expense Declaration
- Both parties must complete and exchange worksheets on pages 8, 10, and 12 of the booklet
- Both parties must disclose any investment, business, or income-producing opportunities that arose since separation
There can be no spousal support ordered in a summary dissolution. The wife may request restoration of her former name, which is her unilateral right. She must also certify that she is not pregnant and that there are no children between the parties.
Do You Need an Attorney for a Summary Dissolution?
Parties may represent themselves, known as pro per, in a summary dissolution. San Diego also offers a free service through the Family Law Facilitator, which helps self-represented parties complete forms correctly and meet all legal requirements.
However, hiring an experienced San Diego divorce attorney can make the process less stressful, reduce conflict, and ensure nothing is missed. Legal fees for a summary dissolution are significantly lower than for a standard divorce.
Understanding Community and Separate Property in a San Diego Dissolution
Property division is a critical issue in any dissolution of marriage in San Diego. California follows these presumptions:
- Property acquired before the date of marriage is separate property
- Property acquired from the date of marriage to the date of separation is community property
- Property acquired after the date of separation is separate property
Once both parties satisfy the disclosure requirements, including the exchange of financial declarations, the preliminary declaration of disclosure requirement is met. This is a mandatory step in every dissolution case in California.
What If You Do Not Qualify for a Summary Dissolution?
If your situation does not meet the requirements for a summary dissolution, a standard dissolution of marriage is required. Standard dissolutions handle more complex matters including child custody, child support, spousal support, division of assets and debts, and retirement benefits.
Some couples also consider legal separation as an alternative to dissolution. A San Diego family law attorney can help you evaluate which option best fits your circumstances.
Areas We Serve
Doppelt and Forney, APLC proudly serves individuals and families throughout San Diego County. No matter where you are located, our experienced attorneys are ready to help you navigate your dissolution of marriage case.
- North County Inland — including Escondido, Poway, Rancho Bernardo, and 4S Ranch
- North County Coastal — including Carlsbad, Encinitas, Solana Beach, and Rancho Santa Fe
- Central San Diego — including Pacific Beach, Mission Valley, Clairemont, and Bay Park
- Metro San Diego — including Downtown, Little Italy, Hillcrest, and North Park
- East County — including El Cajon, La Mesa, Santee, and Lakeside
- South County — including Chula Vista, Bonita, Otay Ranch, and San Ysidro
Not sure which area applies to you? Contact us today and we will point you in the right direction.
Speak With a San Diego Dissolution of Marriage Attorney Today
Whether you qualify for a summary dissolution or need to file a standard divorce, having the right legal guidance from the start protects your rights and prevents costly mistakes.
Doppelt and Forney, APLC has been helping San Diego residents navigate dissolution of marriage cases for over 30 years. We offer personal service, honest advice, and realistic expectations from day one.
Contact us today to schedule a free 30-minute virtual or in-person consultation with an experienced San Diego divorce attorney.