How long does it take to get a divorce in San Diego?
California law requires a mandatory six month waiting period before a divorce can become final. This period begins once the responding spouse is served or files a response, whichever occurs first.
The total length of the divorce process depends on whether the case is contested, the complexity of property division, custody disputes, and court scheduling. Some uncontested divorces resolve shortly after the six month period, while contested cases may take significantly longer.
How much is a divorce in California?
The cost of a divorce in California varies depending on whether the case is contested or uncontested. The court filing fee alone is several hundred dollars, but total costs depend on factors such as:
- Whether spouses agree on key issues
- Division of property and debts
- Child custody disputes
- Spousal support claims
- The need for litigation or trial
An uncontested divorce in San Diego is typically far less expensive than a contested divorce involving hearings or trial. During a consultation, a San Diego divorce lawyer can provide a clearer estimate based on your specific circumstances.
Is California a no fault divorce state?
Yes. California is a no fault divorce state. A spouse does not need to prove wrongdoing to obtain a divorce. The most commonly cited ground is irreconcilable differences, meaning the marriage cannot be repaired.
What are the residency requirements to file for divorce in California?
To file for divorce in California, at least one spouse must have lived in California for six months and in the county where the case is filed for at least three months.
If residency requirements are not yet met, a legal separation may be filed first and later amended to a divorce once the requirements are satisfied.
Do I have to go to court for a divorce in San Diego?
Not necessarily. Many uncontested divorces are finalized without either party appearing in court. However, if spouses cannot agree on custody, support, or property division, court hearings or trial may be required.
An experienced San Diego divorce lawyer can often help resolve disputes through negotiation or mediation, reducing the need for courtroom appearances.
What is a contested divorce?
A contested divorce occurs when spouses cannot agree on one or more issues such as child custody, spousal support, or division of assets and debts. In these cases, the court may need to decide disputed issues through hearings or trial.
Contested divorces require careful preparation and strategic representation by an experienced San Diego divorce litigation attorney.
What is an uncontested divorce?
An uncontested divorce occurs when both spouses reach a written agreement resolving all issues without litigation. Even in uncontested cases, strict procedural requirements must be followed to ensure the agreement complies with California law and is approved by the court.
The recommended procedure for a uncontested case is per the FL 182 Judgment Checklist. An experienced San Diego Divorce Lawyer can explain the minimum mandatory requirements for judgment.
How long do I have to live in California before filing for divorce?
To file for divorce in California:
- At least one spouse must have lived in California for six months
- That spouse must have lived in the county of filing for at least three months
If residency requirements are not met, a legal separation may be filed first and later amended to a divorce once the residency requirement is satisfied.
Property Division and Community Property
What is community property in California?
California follows community property law. This means that most assets and debts acquired during the marriage belong equally to both spouses, regardless of whose name is on the title.
Community property may include:
- Income earned during marriage
- Real estate purchased during marriage
- Retirement accounts accrued during marriage
- Business interests developed during marriage
Separate property typically includes assets owned before marriage or received by gift or inheritance. Proper classification is critical in high asset divorce cases.
Who gets the house in a divorce?
California is a community property state, meaning assets acquired during the marriage are generally divided equally.
However, who keeps the house depends on:
- Whether the home is community or separate property
- When the home was purchased
- Whether separate funds were used
- Each spouse’s ability to refinance
- Custody arrangements involving minor children
In many cases, one spouse may buy out the other’s share. In others, the home may be sold and the proceeds divided.
Can I move out with my child during or after divorce?
Moving out with your child can have legal consequences, especially if custody orders are already in place. In California, per the summons, the child or children cannot be removed from the State of California without a Court Order or Written Agreement pre judgment. Post judgment orders are per the agreement of court orders.
If there is no court order, relocation may still affect future custody determinations. If custody orders exist, moving out of San Diego or out of state may require court approval.
In relocation cases, California courts evaluate whether the move is in the child’s best interests. This is a very complicated analysis and the legal strategy is different for moves pre judgment versus post judgment. Consulting a San Diego custody attorney before relocating is strongly recommended.
Ready to Move Forward With Your Divorce?
The decisions you make early in a divorce can affect your finances, your children, and your future. Get strategic advice before taking your next step.
Schedule a Consultation with our San Diego divorce attorneys and create a plan that protects what matters most.
