EXPERT SAN DIEGO DIVORCE ATTORNEYS

GET THE EXPERT, LEGAL HELP YOU NEED

Divorce may be a difficult process. Emotions are frequently heightened. It’s all too simple to become overwhelmed. Hiring an experienced, board-certified family law attorney to assist you with your divorce can make a significant impact. The Law Offices of Beatrice L. Snider, APC can assist you in thoroughly comprehending the divorce procedure and all legal choices available to you.

We are San Diego divorce attorneys that can assist you in taking stock of the situation, assessing the situation, and making sensible judgments about what is best for you and your family.

An Overview of California Divorce Law

In California, divorce is termed “dissolution of marriage.” Our San Diego Family Court also deals with legal separation and annulment of marriage.

Certain rights to receive federal benefits may be determined by the length of the marriage, as defined under federal law. These benefits can include Social Security derivative benefits and the right to seek direct enforcement of military retirement payments. California law defines the length of marriage differently than Federal law. It is important the client receives advice as to the choices available and timing of filing a petition for dissolution of marriage to preserve all available rights.

California is a no-fault divorce state. A no-fault divorce means that a spouse does not need to prove that the other spouse did something wrong in order to get a divorce. In California, the grounds for divorce are simply irreconcilable differences between the parties; or incurable insanity. This means that as long as one party believes the marriage is beyond repair, they can file for divorce, and the court will grant it.

Annulment and Legal Separation in San Diego

An annulment is the process by which a party is requesting the Court make a determination the marriage never existed. This determination can also affect rights to community property that would have existed, if the marriage were valid. The grounds for annulment are strictly defined by statutory and case law. In order to obtain this relief, evidence, including live testimony, is required.

In a legal separation, the rights of the parties as to custody and child sharing laws, child support laws and spousal support and property division laws are adjudicated. However, the marital status is not dissolved. Clients may wish to use the legal separation procedure to determine their marital rights, but preserve the status of the marriage for the purpose of obtaining or continuing benefits. For example, normally health insurance as a dependent spouse will continue with a judgment of legal separation; however, these benefits would not continue with a dissolution of marriage.

Don’t let the confusion of annulment and legal separation in San Diego hold you back from getting the relief you need. Contact our experienced attorneys today for a consultation, and let us guide you through the process.

Obtaining Early Status Judgment of Divorce

California law permits the status of the marriage to be terminated after six months from service of the Petition, even if all other issues are not ready for settlement or trial. The San Diego family lawyers at the Law Offices of Beatrice L. Snider, APC are familiar with the procedure to obtain this early status judgment and the various conditions the Court will require to obtain this relief.

It may be appropriate to request this early termination of marital status if you wish to remarry. It can be beneficial to one or both parties for each to be restored to the status of a single tax payer before the end of a particular tax year.

Division of Property in San Diego

Property division, also known as property settlement, is the process of dividing the assets and debts of the couple during a divorce. It can include everything from real estate, cars, bank accounts, investments, and even household items.

In most states, including California, property division is based on the principle of community property. This means any assets or debts acquired during the marriage are considered joint and must be split 50/50. But there are exceptions to this rule. For example, if one party owned a property before the marriage, it’s considered separate property and not subject to division.

Keep in mind, property division is not always simple. Sometimes couples have a prenuptial agreement that outlines how assets will be divided in the event of a divorce. Sometimes couples choose to negotiate a settlement agreement instead of leaving it up to the court to decide.

At the Law Offices of Beatrice L. Snider, APC we get it.

Our attorneys are familiar with California’s community property laws and will walk you through the process of dividing your assets and debts. We’ll work with you to understand your situation and develop a plan to protect you.

We’ll help you gather all the necessary documents and information to value your assets and debts. We’ll also negotiate with the other party or their attorney to get an agreement on the property division that’s fair for both.

The Cost of Getting Divorced in San Diego

The cost of a divorce in San Diego can vary. First and foremost, is the divorce contested or uncontested? An uncontested divorce is one where both parties agree on everything, property division and child custody. An uncontested divorce is cheaper than a contested divorce because less legal work and court appearances.

If your divorce is contested, it will require more legal work and court appearances which will increase the cost. And if there are complex assets or high net worth, it will require more work and cost more.

Why Pays for a Divorce?

In general, both parties are responsible for paying for their own attorney fees and court costs. However, there are certain circumstances where one party may be ordered to pay some or all of the other party’s attorney fees and costs. This can happen when one party has significantly more financial resources than the other or when one party has acted in bad faith during the divorce process.

If you are the party with less financial resources, you may be able to request that the other party pay for your attorney fees and costs, or you can seek a fee waiver from the court.

Grey Divorce in San Diego County

Grey divorce refers to a divorce that occurs later in life, often when both parties are over the age of 50. These types of divorces are becoming increasingly common in San Diego and across the country as the Baby Boomer generation reaches retirement age. While every divorce is unique, gray divorce can present unique challenges that require a special approach.

Results-Oriented Legal Counsel

“I asked Ms. Snider’s firm to pick up my case in process when previous counsel could not bring the matter to any sort of conclusion. The ongoing process was very emotionally taxing and had my entire life held in suspension. I sought this team’s assistance to bring the case to a fair and timely conclusion. Beatrice and her staff of professionals listened to my preferred direction very closely, developed a workable strategy, untangled the existing situation quickly, and had the matter completed and through the court in less than 5 months. Great closers; No loose ends. Their fee estimates were spot on as was their likely settlement projection. The entire staff is wholly competent and very responsive – No voicemail – ever. In my case, closure meant beginning the healing process. I could not be more grateful nor recommend this firm more highly. I can breathe easy once again.”

Filing for Divorce in San Diego

Filing for divorce can be a difficult and emotional process, but it doesn’t have to be. By understanding the legal process and what to expect, you can make the process less stressful and more manageable.

In San Diego, you will file your divorce papers at the Superior Court of California, County of San Diego. The court has multiple locations throughout the county, and the location you will file in is determined by your residence. It’s best to check the court’s website to find the location nearest to you.

The San Diego family court has multiple locations. The main courthouse is located at 1100 Union Street, San Diego, CA 92101. This courthouse also has several branches located throughout the county, including locations in El Cajon, Vista, and Chula Vista.

Always check with the court or your attorney to confirm the location of your specific case.

How Long Does a Divorce Take?

Once the papers are filed there is a 6 month waiting period before the divorce can be final. This waiting period is to give the parties time to reconcile and come to an agreement before the divorce is final.

Note: This waiting period can be waived in certain circumstances such as domestic violence or if one party is in the military. Also the waiting period can be shortened to 3 months if both parties agree to a shorter waiting period and file a written request with the court.

Get the Best Divorce Lawyers in San Diego

If you’re thinking about filing for divorce in San Diego, don’t navigate this complex process alone. Our experienced attorneys at Beatrice L. Snider, APC can provide the support and guidance you need to ensure that your rights are protected and that the outcome is fair and equitable. Call (888) 860-8544 or contact the firm online.