Six Common Questions for San Diego Spouses Involved in Divorce Actions

In 2023, San Diego residents faced with the impending end of their marriage often have numerous questions about divorce proceedings and how the legal dissolution of their union may impact their rights and obligations. Given all the changes in the last 3 years, many are overwhelmed with work and family and finances. Separating from your spouse can simply be too much to handle on your own. If you are considering filing for divorce, it is important to speak to an attorney as soon as possible, to obtain answers to questions commonly asked in San Diego divorce actions. According to Divorce.com, there are 13 reasons why people divorce. As there are many reasons, there can be many strategies. The skilled San Diego divorce attorneys of Doppelt and Forney APLC have ample experience handling dissolution proceedings in the San Diego courts, and if you engage our services, we can advise you of your options and help you to make sure your rights are protected, and the best strategies are being implemented to try and obtain your legal goals.

In San Diego Superior Court, the length of time it takes to finalize a divorce can vary depending on whether the issues are resolved by default, agreement, or through contested Court proceedings. The recommended strategy for minimizing the amount of time is through the procedure in the FL 182 Checklist on Page 3 Number 3: Uncontested.

Resolving all divorce issues, such as the division of assets and debts, parenting plans, child support, spousal support, attorney fees, and reimbursement credits, can take several months to resolve if the case is uncontested but much longer if there are complex issues. It is best to try and agree on as all in accord with California law as much as possible. It is also very important to note that marital status cannot be terminated before six months from the date of personal service or notice and acknowledgment and receipt or filing of the response. If the legal status is to be terminated before the judgment of all issues in the divorce, there are several requirements that must be met and this procedure is outlined in Family Law Code Section 2337.

In California, one spouse can decide to end their marriage without the other spouse's agreement. The other spouse cannot stop the divorce proceedings by refusing to participate in the case. While refusing to participate in a divorce action will not result in a dismissal of the divorce request, it can lead to a default judgment, meaning you have no input on how issues are resolved. As such, it is important to participate in the process regardless of whether or not you agree with the divorce. Also, as California is a no fault state, the law will permit one party to obtain the termination of the legal status [married] over the objection of the other spouse. This can significantly delay the ending of the case.

Before filing for divorce in San Diego, one of the spouses must have lived in California for at least six months and in San Diego County for at least three months. If a party does not meet residency requirements, they can file for legal separation first and ask for a divorce later after residency requirements are met.

In San Diego County and California, being the first to file for divorce does not provide a person any special preference or disadvantage them in Court proceedings. In other words, who files for divorce bears no relevance as to how matters are resolved. Having stated this, there are some factual situations in which filing first is a preferred strategy. For example, if one parent is going to take the child or children out of state without your permission, the filing of a divorce will have the summons to be issued, and this prevents the other parent from taking the child or children out of state without a court order or written agreement, and please see page 2 for the specific restriction.

If you are getting divorced, you can change your last name back to your maiden name. If you are already divorced in California and did not change your name in your divorce, you may still change it back to your maiden name.

Orders issued by the Courts are usually based on the information available at that time. Circumstances and situations can change, however, prompting people to seek a modification. Some parts of the divorce judgment can be modified by a Judge, but division of property is usually not subject to modification after the Court has made a ruling in a divorce action. If the parties agree to a modification, they can submit an addendum to the judgment to the Court. If the parties do not agree and the judgment is by agreement and not by a Judge's order after a hearing or trial, there is a provision to set aside the judgment, but there are strict requirements and time limits. If one disagrees with the Judge's order, they must file an appeal, and there are strict requirements and time limits for that as well. This is an extremely complicated process and legal analysis and many believe that oral agreements are binding, for example on child support modifications, when they are not.

If you want to obtain more in-depth answers to questions commonly asked in San Diego divorce actions, it is smart to contact a divorce attorney as soon as possible. The skilled San Diego divorce attorneys of Doppelt and Forney APLC can address any concerns you may have and assist you in taking the steps necessary to protect your interests. We have an office in San Diego, and we frequently represent people in divorce actions in cities throughout San Diego County. You can contact us via our online form or at 800-769-4748 to schedule a confidential and free conference.