Choosing to end a marriage through divorce is no easy decision. If you are looking to file for divorce in San Diego County, then we can help you with the entire process. The goal of our San Diego divorce lawyers is to make the divorce process less overwhelming for you and your family.
Our team of divorce attorneys bring more than 200 years of combined experience to each case. 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. Are you ready to file for divorce in San Diego? Find out what we can do for you!
Safeguarding Your Interests During Divorce in San Diego County
Our divorce firm in San Diego 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. We are dedicated to protecting the rights and interests of the men and women who seek our help.
Why Choose a San Diego Divorce Attorney from Our Firm?
- 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
Types of Divorces in California
We handle all types of divorce cases, including:
Filing for Divorce in San Diego
Wondering how to get a divorce in San Diego? Here's a quick step-by-step guide on how to file for divorce in San Diego:
- Fill out the required divorce paperwork
- File your divorce papers with the clerk at your local courthouse
- Pay the filing fee for divorce in San Diego County
- Serve copies of your divorce papers to your spouse
Uncontested Divorce in California
Not all divorces involve conflict and court dates. Many couples that want a fast divorce in San Diego find that they can resolve their divorces amicably, reach settlements in a timely manner, and minimize the cost of divorce by getting a divorce without court.
This is called "uncontested divorce," also known as "summary dissolution." Since uncontested divorces don't require a judge to make decisions, it is a form of quick divorce in San Diego.
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, get the counsel and guidance of a divorce attorney in San Diego. Then, 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.
High-Conflict Divorce Lawyers in San Diego
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 a San Diego Divorce Lawyer for Skilled Representation
Known for delivering skilled legal representation, we are the kind of San Diego divorce 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 Consult a San Diego Divorce Lawyer! We Serve Del Mar and All of San Diego County.
How Much Does Divorce Cost in California?
The cost of a divorce in California 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 San Diego divorce attorney so that you know what to expect throughout the entire process.
Where Do I File for Divorce in San Diego?
When you are ready to file for divorce in San Diego, you will do so at your local San Diego County courthouse. San Diego County has four courthouse locations:
Central Courthouse (San Diego):
- Address: 1100 Union Street, San Diego, CA 92101
- Directions: Google Maps
- Webpage: www.sdcourt.ca.gov (Central Courthouse)
East County Regional Center (El Cajon):
- Address: 250 East Main Street, El Cajon, CA 92020
- Directions: Google Maps
- Webpage: www.sdcourt.ca.gov (East County Regional Center)
North County Regional Center (Vista):
- Address: 325 South Melrose Drive, Vista, CA 92081
- Directions: Google Maps
- Webpage: www.sdcourt.ca.gov (North County Regional Center)
South County Regional Center (Chula Vista):
- Address: 500 3rd Avenue, Chula Vista, CA 91910
- Directions: Google Maps
- Webpage: www.sdcourt.ca.gov (South County Regional Center)
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 in California?
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.
Certified Ten of our attorneys have earned the distinction of certified family law specialist.
Equipped Skilled in litigation and mediation, we are prepared to handle any type of divorce.
Attentive We respond quickly to clients and ensure they are always informed about their case.
Seasoned Our professionals have more than 200 years of combined family law experience.
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David Schulman Founding Partner & Board Certified Expert in Family Law
Erik Moore Founding Partner & Board Certified Expert in Family Law
Jeremy Boyer Partner & Board Certified Expert in Family Law
Lauren Schmidt Partner & Board Certified Expert in Family Law
Julie Westerman Partner & Board Certified Expert in Family Law
Kevin Polis Partner & Board Certified Expert in Family Law
Bryan Yerger Associate
Sarah Bear Associate
Jillian Minter Associate
Isabel Steinmetz Associate
Lindsey Dentino Associate