File for Divorce in San Diego
Our Lawyers Have 200+ Years' Combined Experience
Choosing to end a marriage through divorce is no easy decision. If you are looking to file for divorce, we can help you with the entire process. Our goal is to make the divorce process less overwhelming for you and your family.
Our attorneys handle all types of divorce cases, including:
Bringing more than 200 years of combined experience to each case we handle, we are the legal team you want in your corner. We consult with other professionals, such as therapists and accountants, in order to ensure your needs are met.
Ready to file for divorce in San Diego? Call (858) 492-7968 or fill out our online form for a consultation with Moore, Schulman & Moore, APC.
Safeguarding Your Interests During Divorce
Our firm will do everything possible to secure the most favorable outcome possible so that you have everything you need to move on with your life. We can also assist you with other divorce-related issues, such as child custody and spousal support. Our lawyers are dedicated to protecting the rights and interests of the men and women who seek our help.
You should consider hiring us to represent you because:
- We have been honored with inclusion on the Super Lawyers® list
- We have an AV Preeminent® Rating by Martindale-Hubbell®
- We have ten Board Certified Family Law Specialists
- We were named among the San Diego County Top Attorneys
Uncontested Divorce in San Diego
Not all divorces involve conflict and court dates. Many couples find that they can resolve their divorces amicably and reach settlements in a timely manner while minimizing costs. This is called "uncontested divorce," also known as "summary dissolution."
The requirements for uncontested divorce in California are as follows:
- You and your spouse have read the Summary Dissolution booklet provided by the court clerk
- The grounds for divorce must be “irreconcilable differences”
- One spouse must be a California resident for at least six months and a resident of the county in which the divorce will be filed for at least three months
- There are less than five years between the date of the marriage and the date of the separation
- The spouses do not have unpaid debts exceeding $6,000, excluding car notes
- Neither spouse owns real property other than a lease under one year
- There are no minor children and neither spouse is pregnant
- The marital assets are worth less than $38,000 (including retirement and deferred compensation, but not including vehicles)
- The spouses have signed a settlement agreement that divides all property (assets and debts) and all documents to transfer assets according to the settlement agreement
- Neither spouse is seeking alimony
How to File for an Uncontested Divorce in California
First, you and your spouse must file a joint divorce petition including each spouse’s mailing address, whether either spouse wishes to return to his or her former name, and verifying that all conditions for summary dissolution have been met. Your petition must include documentation showing:
- Income, expenses, and property
- Tax returns from the past 2 years
- A declaration of disclosure
- A property declaration or schedule of assets and debts
- Written information about businesses and investments either party will have after separation that existed when you were still living together
Then, you’ll need to complete a settlement agreement, including all relevant documentation (originals only) and pay a filing fee payable to the county superior court. If you meet all of the requirements, you will be granted a divorce six months after the date of your filing. There is no hearing.
What to Do in a High-Conflict Divorce
Divorce is never easy, but they are especially difficult when high-conflict personalities are involved. Are you divorcing a narcissist or a high-conflict personality? Here are 5 tips for navigating a high conflict divorce:
- Tune Out the Negativity – Do not respond to any negative comments made by your soon-to-be ex. Do not argue or try to reason with them. A therapist can help you learn how to manage your emotions in these cases, but the best way to deal with a high-conflict personality is to avoid emotional responses and not to fight back.
- Limit the Contact – Avoid any unnecessary communication or contact with your spouse. If you have children, then communication is required for custody and visitation reasons; but the less you see or communicate with the other person, the less opportunity there is for conflict. Your legal team can handle much of the communication for you.
- Be Level-Headed – In high-conflict divorces, the key is to keep your emotions in check. Don't let your spouse get to you. Be professional and calm when working with your attorney and when you have to interact with your spouse.
- Get a Restraining Order (if You Must) – If your spouse starts getting too aggressive to the point where you feel threatened or that you are in danger, you can always file a restraining order to keep them away from you.
- Hire a Good Lawyer – In any divorce, but especially in high-conflict divorces, it's important to have someone on your team who knows the divorce process in California, what your rights are, and how to fight for them.
Turn to Moore, Schulman & Moore, APC for Skilled Representation.
Known for delivering skilled legal representation, we are the kind of law firm you need on your side when filing for divorce. We will help you make legally sound decisions while also helping you remain level-headed throughout the entire process. Let us put our extensive resources to work for you, inside or outside of the courtroom.
Contact Moore, Schulman & Moore, APC to Get Started on Your Case!
How Much Does Divorce Cost?
The cost of a divorce depends on a variety of factors, but ultimately depends on the complexity of the divorce, how much time is required to handle the divorce properly, and whether the divorce is resolved with or without litigation.
An uncontested divorce, for example, will typically be less costly than a high-conflict divorce requiring litigation. Other things to consider include whether children are involved, whether business or professional practices are involved, and if there is a large amount of assets involved. It is important to discuss costs with your attorney so that you know what to expect throughout the entire process.
What Are the Residency Requirements for Divorce in California?
Yes – if you wish to get a divorce in California, you must first meet the residency requirements. You must have been a resident of California for at least six months and a resident of the county where you plan to file for at least three months. Once you have met the residency requirement, you are eligible to file your petition and all other required forms.
What Are the Grounds for Divorce in California?
California is a no-fault state, which means that it isn’t necessary to cite a reason for the divorce beyond “irreconcilable differences.” You don’t have to prove whose fault it was that the marriage didn’t work – however, it isn’t entirely irrelevant. For example, if your spouse was violent, committed adultery, or abandoned your family, the courts may consider this when making decisions about spousal support and division of property.
How Is Property Divided in a Divorce?
There are two types of property: separate property and marital property. Put simply, separate property is property owned before the marriage or acquired as an inheritance or gift, while marital property is property acquired during a marriage using marital funds.
But assets aren’t the only things that need to be divided in a divorce – debt are, as well. The same principles of separate and marital apply here too. It is important to work with a qualified attorney to ensure that all assets and debts are divided fairly, especially in cases where one spouse contributed to a significant amount of the marital property or debt.
David Schulman is a Rock Star!!- Scott M.
Mr. Boyer and his staff did an excellent job throughout my entire divorce.- Jeff B.
Thank you for your excellent attention to detail and thoroughness.- Troy S.
I am so glad I retained Mr. Schulman- Christina
We couldn't be more thrilled with the outcome.- Chris