Divorce & Legal Separation Attorneys in San Diego

At SD Law Center, we understand that the end of a marriage is one of the most difficult experiences a person can face. Whether you’re considering divorce or legal separation, our San Diego-based family law attorneys are here to help you protect your future, your finances, and your peace of mind. We offer skilled legal counsel tailored to the complex nuances of California family law, ensuring that your rights and interests are fully protected.

Understanding Divorce and Legal Separation in California

In California, both divorce (dissolution of marriage) and legal separation allow spouses to divide their property, address custody and support, and move forward independently. However, they differ in one important way: divorce terminates the marriage, while legal separation does not.

Under California Family Code § 2310, California is a “no-fault” divorce state. This means that you do not need to prove wrongdoing to file for divorce. The most common ground cited is “irreconcilable differences.”

Key Differences Between Divorce and Legal Separation

• Divorce ends the marital relationship entirely. Parties become legally single again and may remarry.
• Legal Separation allows couples to live separately while addressing all the same legal issues (support, custody, division of assets), but the parties remain legally married.

Legal separation may be appropriate for those with religious, financial, or immigration considerations who do not wish to divorce immediately.

California Divorce Requirements

To file for divorce in California, one spouse must meet the residency requirement:

• Lived in California for at least 6 months; and
• Lived in the filing county (e.g., San Diego) for at least 3 months.

Legal separation does not have a residency requirement, making it a good initial option for recent residents.

The California Divorce Process: Step by Step

1. Petition: File a Petition for Dissolution (Form FL-100) with the court.
2. Service: Serve your spouse with divorce papers and a Summons.
3. Response: The other party has 30 days to respond.
4. Disclosures: Exchange Preliminary Declarations of Disclosure (FL-140, FL-150).
5. Temporary Orders: Request temporary child custody, support, or restraining orders, if needed.
6. Settlement or Trial: Parties can negotiate a Marital Settlement Agreement (MSA), or proceed to trial if issues remain contested.
7. Final Judgment: Once agreements are finalized or court issues orders, a Final Judgment (Form FL-180) is entered. Divorce becomes final after a mandatory 6-month waiting period.

Core Issues Addressed in Divorce or Legal Separation

1. Property Division
California is a community property state under Family Code § 760, which means that all assets and debts acquired during the marriage are divided equally. Our attorneys conduct a full financial review to distinguish between community and separate property, and handle complex asset division including:

• Real estate
• Retirement accounts
• Businesses and professional practices
• Inheritances and gifts

2. Spousal Support (Alimony)
Support may be awarded based on factors in Family Code § 4320, such as the length of marriage, earning capacity, and standard of living. We advocate for fair support whether you are seeking or contesting alimony.

3. Child Custody and Visitation
Custody is determined under the best interest of the child standard (Family Code § 3020). Our goal is to create a parenting plan that supports the child’s emotional and physical well-being.

4. Child Support
Child support is calculated using statewide guidelines (Family Code § 4055) and programs such as DissoMaster. We ensure income is properly assessed and orders are accurate.

Why Choose SD Law Center

• Decades of combined family law experience in San Diego courts
• Skilled litigators and negotiators with trial and mediation expertise
• Compassionate client-centered approach
• Transparent billing and clear communication
• Proven success in high-asset and high-conflict divorces

Common Questions About Divorce & Legal Separation in California

Can I file for divorce if my spouse doesn’t agree?
Yes. California does not require mutual consent. One spouse can initiate and obtain a divorce.

What happens if we can’t agree on custody or support?
The court will hold hearings and make decisions based on the best interests of the child and financial documentation.

How long does the divorce process take?
A minimum of 6 months from the date the other party is served. Contested cases can take longer.

Can I stay on my spouse’s health insurance if we’re legally separated?
Often, yes. Legal separation may preserve benefits that end with divorce.

Speak With a San Diego Divorce Lawyer Today

Whether you are just starting to consider your options or are ready to file, our team is here to help. We provide free 15-minute consultations and honest case assessments.