Divorce is rarely simple — and in San Diego, the process can feel even more complex due to California’s unique family laws, local court rules, and procedural requirements. While emotions often run high, one wrong step can delay your case, increase costs, or even jeopardize your rights to property, support, or custody.
By avoiding common mistakes, you can better protect your financial interests, parental rights, and emotional well-being. This guide focuses on five of the most frequent — and most costly — mistakes people make when navigating a divorce in San Diego, along with practical tips to help you avoid them.
1. Posting About Your Case on Social Media
San Diego family law attorneys and opposing parties often review social media posts for evidence. Even if your account is private, screenshots can make their way into court. Photos of vacations, expensive purchases, or new relationships can influence child custody decisions or support determinations.
California is a community property state, meaning all income and assets acquired during the marriage are generally shared equally. A post showing sudden spending can raise questions about hidden assets or undisclosed income.
2. Moving or Hiding Assets Before Judgment
California automatically issues Automatic Temporary Restraining Orders (ATROs) when a divorce is filed. These prevent either spouse from transferring, concealing, or disposing of any property without written consent or court approval.
If you withdraw funds from a joint account to protect them, you could face court sanctions, have the funds returned, and damage your credibility.
3. Failing to Fully Disclose Financial Information
California Family Code requires complete and accurate disclosure of all assets, debts, income, and expenses. Failure to disclose can lead to severe penalties, including awarding 100% of the hidden asset to your spouse.
Case Law: In Marriage of Rossi, a wife concealed lottery winnings and the court awarded the entire prize to her husband.
4. Skipping Expert Legal or Financial Advice
Without guidance, you risk agreeing to terms that harm your financial or parental rights long-term. DIY divorces may save money upfront but can be costly if mistakes require future litigation.
Local court procedures, filing deadlines, and evidentiary rules can differ from other California counties. Missing a procedural step can result in delays or dismissal.
5. Rushing Through Settlement Without Planning
It can be tempting to settle quickly to get it over with, but a rushed agreement might overlook tax implications, retirement asset division, or future custody needs.
Support orders and custody arrangements can be modified later, but property divisions are generally final. Poor planning can lock you into unfair terms permanently.
San Diego-Specific Divorce Tips
Know Your Court: San Diego Superior Court has specific local rules for family law cases. Visit sandiego.courts.ca.gov for updated forms and procedures.
Use Self-Help Centers: Free legal information is available through the court’s Family Law Facilitator’s Office.
Mediation Resources: The court offers mediation services for child custody disputes at no cost.
FAQs
Q: Can I access joint bank accounts after filing for divorce? A: Only for normal living expenses or as otherwise agreed or ordered by the court. ATROs limit other withdrawals.
Q: What happens if I forget to list an asset? A: You must amend your disclosure. If it appears intentional, the court can impose severe penalties.
Q: How long does a divorce take in San Diego? A: The minimum is six months from the date the respondent is served, but contested cases often take longer.
Q: Are there affordable legal resources in San Diego? A: Yes — consider the San Diego Volunteer Lawyer Program, Legal Aid Society of San Diego, or the court’s self-help center.
References & Resources
California Family Code §§ 2100–2113 – Financial disclosure requirements.
Judicial Council of California – Divorce forms and ATRO details: courts.ca.gov
Superior Court of California – San Diego County: sdcourt.ca.gov
Marriage of Rossi (2001) 90 Cal.App.4th 34 – Hidden asset case law.
San Diego Family Law Facilitator’s Office – Free public legal assistance.
Author Bio & Disclaimer
Written by [Your Name], a California-licensed family law attorney with [X] years of experience representing clients in San Diego divorce, custody, and support matters.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique; consult a qualified attorney for advice about your specific situation.
