How Divorces Work In San Diego County

Clients often ask us how the divorce process works if they’re filing in San Diego County. They want to know what to expect, how things work, and what they need to do to make sure they are prepared for all of the steps that happen from beginning to end. Here’s a brief overview of the what happens in a divorce when it’s filed in San Diego County.

First, one of the parties will serve the other with divorce papers. It does not matter if you or your spouse is the first person to file. You do not gain any favor by winning the race to the courthouse. All a filing does is start the process – so no matter who files, all it means is that the divorce will begin to move forward.

If you are filing for divorce, or receive divorce papers, it’s important to discuss this with a divorce attorney before taking any steps. You need to make sure that you comply with the law regarding residency and divorce in California (a spouse must live in the state for 6 months, and in the county where you are filing for 3 months.)

Second, once the divorce is filed, the parties will begin the process of dividing up the assets and debts, as well as determining the appropriate child custody arrangements. The goal at this part of the process is to find common ground on the issues that need to be resolved. This could be easy if the parties agree, or it can be the part of the divorce where most of the conflict can arise.

No matter how you think ugly or simple you think your divorce may be, you should have an attorney on your side at this time. The reason being – the decisions you make on your divorce are in many cases, extremely difficult to change. If you make an agreement and then later change your mind, you are going to find that many of the things you agreed to are not going to be able to be modified. Get advice on your situation before making any decisions.

If you cannot agree on issues of child custody, in San Diego County, you will be required to undergo mandatory mediation. Your attorney can represent you in those mediation discussions. The goal of the mediation is to work out the custody dispute and keep it out of the hands of a judge. The rationale is that an agreement that is determined by the parents together stands a much better chance of working long-term than a decision by a judge that could leave both parties upset.

If custody and property division are resolved, the information can be submitted to the court for resolution. If issues still linger, the case may go to trial. Trial is unpredictable, so you should be sure that is the avenue you want to take when talking about your divorce with your attorney.

The court will issue a ruling on the matters to be determined, and both parties will have to comply with that order. A divorce can not be finalized until 6 months after the filing date, but courts can make rulings prior to that time. Please note that in instances where cases are high-conflict, it can take much longer than 6 months for a divorce to complete.