San Diego Divorce Attorney

There may be no other event in your life that is more difficult to navigate than a divorce. The future can often seem very uncertain, and legal issues quickly can become extremely contentious. During times like these, having an experienced San Diego divorce attorney beside you can help to remove some of the stress and can help to ensure that your interests are protected.

At Contreras Law Firm, our attorneys understand the challenges clients are facing during these difficult times. We will take the time to fully understand your concerns, expectations and tailor a strategy around them. We will explain the laws that govern California family law matters and give you an honest assessment of what you can expect as your case moves forward.

Representing You In San Diego And Surrounding Communities

Our downtown San Diego, California law firm can help you in your divorce, whether simple or complex. Whether you’re currently located in Chula Vista, El Cajon, Vista, La Jolla, or Del Mar, or in another part of California, another state, or even another country, the divorce attorneys at Contreras Law have the experience to protect your interests in your San Diego County divorce.

Upon hiring our office, an attorney at Contreras Law can assess whether negotiation or mediation is reasonable in your case before court intervention becomes necessary. However, our attorneys do not shy away from trial should it be your best option. So, Make The Right Call to 619-908-1495 to begin erasing the uncertainty and stress from your divorce.

The Divorce Process In California

Clients often want to know more about the divorce process itself. What they need to do and when they need to do it in order to keep their divorce on track. We explain the process, and walk you through what we can do to help with each step. Our main focus is to make sure that you have a clear idea of what to expect as your case moves forward.

In most divorces, there are two main issues of contention that take the most time to resolve: Child custody determinations and the division of marital property. These questions can cause a case to become much more complicated, and may require the courts to become involved if you and your spouse cannot reach an agreement on your own.

When we learn more about your case, we can tell you more about how the law may apply to your situation. We can then work together to decide what is best for your family, and pursue an outcome that is in your best interests.

 

 

Table Of Contents

What To Know About Filing For Divorce In San Diego
What Goes Into Hiring A Divorce Attorney?
Do You Really Need A  San Diego Divorce Lawyer?
Know Your Divorce Options
What Does It Cost To Hire A San Diego Divorce Attorney?
What Are The Requirements Of Divorce In California?
What Kinds Of Divorce Cases Are There?
How Long Until My Divorce Is Official In California?
Child Custody And Parenting Time In San Diego County Divorce
The Division Of Marital Property – And Debts In California Divorces
Child And Spousal Support Payments
What To Know About Spousal Support
Wrapping Up

What To Know About Filing For Divorce

Collect as much information as you can about your financial situation. Some couples have shared accounts where they pool their money and address their bills. Some have individual accounts where each person is responsible for certain expenses. If you are thinking about divorce, make sure you have an idea of your complete financial picture. Gather account statements, tax information and other essential details to ensure that when the time comes, all assets and debts accumulated during the marriage are accounted for and discussed during the divorce process. Our attorneys can help you learn more about some of the steps you can take to collect that information.

The important thing to remember here is that even if you have separate accounts, debts and assets that occurred during the marriage are attributed to the marriage. Some spouses may run up huge credit card debts or restrict assets to certain accounts once a divorce is filed. You’ll want to be sure to protect yourself from any of these harms happening in your situation, and we can offer you guidance on what you need to do when divorce looks like it may be a real possibility.

Understand that divorce will mean significant changes to your current lifestyle, and could have a real impact on your future as well. No matter how long your marriage has lasted – whether you’ve been married for a year, a decade or longer – a divorce will change your life going forward. This is true for both during the divorce, as well as after the divorce is finalized.

During the divorce, it is likely that one of the spouses will leave the marital residence – if financially possible. Some couples remain in a shared space throughout the process, but that can increase the stress that both parties – and the children – may experience at that time. You should discuss this issue with your divorce attorney to learn more about what sort of steps you need to take here to remain safe and accomplish your divorce goals.

It is also important to be aware of how this divorce will impact your financial future. Many marriages are two-income households. When you get divorced, that can significantly reduce the amount of funds you have available to spend on housing or other basic necessities. Adjusting your budget is extremely important. You should also make sure that you go over this with your divorce lawyer during your case, as there may be spousal support or child support payments that you may be entitled to receive or obligated to pay as part of the divorce. You need to address these issues now, to avoid placing yourself in a difficult financial situation after the divorce.

Be honest with yourself about your goals for divorce. Countless people look at divorce as an opportunity to punish their ex-spouse for wrongs committed during the relationship. We feel that is the wrong attitude to have when going through the divorce process. We try to make a divorce a much more efficient process. We focus on the issues that need to be resolved and then work with you to understand how to best achieve the goals that you wish to accomplish.

When we say be honest about the goals you’re setting for yourself, we’re not saying that you have to simply agree to everything being proposed by the other side. What we are saying is that you really should think about what’s most important to you. How do you hope to emerge from the divorce? It can be hard to separate yourself from the anger, resentment or sadness that you feel while a marriage is coming to an end. We get it. We know how hard this is. But we also want you to know that this is your opportunity to take the first steps toward a more positive future. Making clear, informed choices is going to make things easier on yourself as you go through this process.

Give yourself permission to move forward if divorce is the right path for you. Not every relationship is going to last forever and ever. It just doesn’t work that way. Things happen, and sometimes those things can end up placing a strain upon a marriage that results in lasting problems. You cannot blame yourself for a marriage coming to an end. Do not put pressure on yourself to change the way you feel. If things are not working, and you’ve tried everything you possibly can to keep the marriage going, you need to have the courage to make the right choices for your future.

Being prepared mentally is a big part of the divorce process. This will be a major change for you, and things can get confusing and emotionally charged. Remember to be kind to yourself, focus on the best interests of your children (if you and your spouse have kids) and stay focused on the future. We will make it through this together.

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What Goes Into Hiring A Divorce Attorney?

You’ve decided to end your marriage. So what’s next? Your friends may tell you about their divorce experiences. Perhaps they worked with an attorney or handled it on their own. They may have very specific examples of what went right for them, and what they wish they could do over. They may even refer you to someone who handled their case, and you may schedule a consultation to decide how you wish to move forward.

Knowing that you need an attorney is only the first step in the divorce process. You need to find a law firm that you can trust with such an important event in your life. We want to tell you why we feel we are the right firm to handle your divorce, whether it is contested or uncontested. Some of the reasons for hiring our firm include:

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Do You Really Need A Divorce Lawyer?

Every single day, we’re helping people through the divorce process in California. We see all different kinds of cases. We see success stories. We see mistakes people make when going it alone. We don’t recommend that you hire an attorney just for our bottom line. We’d like to discuss your case with you and allow you to determine if we’re the right fit for your situation, but before we even get to that point, let’s talk about why you should have an experienced legal professional in your case.

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What Options Do You Have In Your Divorce?

We mentioned above that we’re working on some aspect of a divorce nearly every single day. Whether in court litigating a divorce, working through mediation or simply meeting with a client to discuss what’s happening in their life as they contemplate the end of the marriage, we understand how the divorce process goes in California. No matter what stage of the process you are at, we’re able to explain things to you in an easy manner and help you evaluate what option is right for your situation.

An attorney is there to help guide you through the process – as well as eliminate the emotions that can come with a divorce. You might be very upset about the major changes in your life. You may feel like getting back at your spouse by making decisions that provide short-term gratification but ultimately end up causing you harm in the long run. Your divorce attorney can help you avoid those mistakes. They are there to take on the fight on your behalf. You can focus on you.

There have been many examples of people handling their own divorces and not understanding the true impact of the decisions they are making. Only when a divorce is finalized do they realize they have put themselves in a terrible position with no ability to revisit custody or property division orders. You want to make sure that you have all the information you need during this time, and your attorney is the one who can provide those details to you.

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Thinking About The Cost Of Attorney Services

Many people decide not to hire a divorce attorney because they are afraid of what it will cost. While it is true that it can be expensive to hire a lawyer to handle your divorce, know that there are substantial benefits available by working with someone who knows the ins and outs of the process.

For example, think about this scenario: You have some problems with the brakes on your car. You watch a YouTube video and think that the repair you need looks fairly easy. You follow the steps, do the work and think you have everything good to go. Well, unless you are mechanically inclined: Are you sure you’ve even fixed your problem? Or are you positive that you made the necessary repairs correctly? Are you willing to jump in the car and hit highway speeds, confident that you did everything to avoid future issues?

Now, there are significant differences between do-it-yourself auto repair and do-it-yourself divorce. Divorce is a much more emotionally draining and stressful experience. Things can happen that seemingly put you in a no-win position: You either make a bad choice that hurts you now or make a bad choice that hurts you in the future.

Think about our example above where someone decides to not go to a mechanic. In that example, the expert isn’t consulted. Best case: The problem is fixed the first time. Worst case: The problem only becomes much more expensive to fix.

That’s very similar to what happens in a divorce. If you make the wrong decision at the wrong time, your best-case scenario is spending money to fix the problem that you created for yourself by making an uninformed choice. The worst case? You have to live with that decision for the rest of your life. It can ruin you financially or, even worse, prevent you from being able to spend time with your children.

This is why it’s worth spending money on an attorney to handle your case. Whether this is your first divorce or not, there are situations here that you will not have prior experience navigating. Experienced legal professionals do this every day. He or she knows the specific things to look out for and can provide you with detailed guidance when the time comes to make a decision.

Additionally, having an attorney to handle the divorce for you allows you to focus on yourself, and your children, if you have them. You can begin to start putting your new life together so that the divorce doesn’t keep you forever stuck in a sad place that dictates the next chapter of your life. You can save yourself time, money and frustration by hiring a divorce attorney to be your partner throughout this process.

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What Are The Requirements For Divorce In California?

There are specific rules in place in order to obtain a divorce in California. When you meet with a lawyer, you can discuss these in greater detail to understand how they apply to your specific situation. A very short version of these rules requires one of the parties to be a resident of California for six months, and also live in the county where filing for divorce for at least three months. The divorce cannot be finalized before six months have passed from the time of filing.

Once the divorce is filed, there are a lot of things that will start to happen fast. It’s important to be prepared for all of what comes next, and your attorney can make sure you are ready for everything. If you file first, you can have everything organized at the very beginning of the process. If you are served with divorce papers, your first step should be to contact an attorney so you can be confident that you are doing what you need to do to protect yourself and your children, if any, at this time.

California is a no-fault divorce state. That means there doesn’t necessarily need to be a reason one of the parties wants to end the marriage. Someone doesn’t have to cheat before a divorce will be granted. Additionally, evidence of bad behaviors may not necessarily impact the final outcome of a divorce. (Certainly, in cases of emotional or physical abuse toward a spouse or children, these behaviors may have a significant impact on the final rulings issued in a case.)

In many divorces, there are really strong feelings about what happens to lead to the end of a marriage. Some may try to “plead their case” and air their dirty laundry in court, but really – it doesn’t matter. The courts aren’t going to give you a gold star for being the “good one” in a marriage. You’re going to end up divorced either way.

The main point here is that it’s important to be strategic about these situations. You and your divorce attorney can discuss the specific behaviors of your ex-spouse and think about what those behaviors may mean to your divorce. Like, did your spouse either spend or hide money? Well, that may mean that you have to do a much deeper dive into your finances with the appropriate financial professionals involved before you make any decisions about property division.

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What Kinds Of Divorce Cases Are There?

As we mentioned before, every divorce is different. The issues that are present in each will take time to resolve, so it’s important to understand how best to proceed in a specific situation. There may be various advantages available depending upon the path selected.

First, the divorce will typically fall into the contested or uncontested divorce column. In a contested divorce, the parties are not in agreement on either some or all of the issues needing to be resolved in their case. There may be questions about property division, child custody, spousal or child support. The parties may wind up taking their case to trial in order to have a ruling made on issues of contention.

Second, we have uncontested divorces. In those divorces, the parties have agreed on an approach that allows them to amicably bring the process to an end. This may be through a previous prenup or negotiating the outstanding issues, but the bottom line is that the parties are in basic agreement on how the divorce should move forward, and what should happen once things are finalized.

There are a few different ways in which a divorce can proceed after it’s been filed. Some divorces may head to mediation, where the parties work with an independent third-party neutral to facilitate discussions on the issues. This is done to try to remove any roadblocks that may exist in the divorce. Each side may – and probably should – hire their own divorce attorney to protect their interests during the mediation.

Another option, at least in contested divorces, is taking the case to trial. This is sometimes necessary – there’s no other way for things to proceed that allows a person to obtain the specific things they feel they need to obtain in their divorce. The thing about litigation, though, that you need to remember: It’s very unpredictable. No matter how strong your case may be, and how prepared your divorce attorney is for the process, there’s no guarantee you’re going to win everything. If you’re feeling strongly about taking your case to trial, make sure to discuss with your attorney the pros and cons of litigation. It can also be very expensive to take your case to court, so the financial impact of that decision must be considered as well. It can also make the divorce take longer to complete.

Some clients may also opt to go through the collaborative divorce process. In collaborative divorce, each side has its own divorce attorney. They basically work together to find solutions to larger issues. There are often other professionals involved – like financial experts and parenting time coordinators – to help facilitate discussions. The ultimate goal is to come to an agreement on all issues. If that ends up not happening, the parties will need to get new attorneys to handle their case going forward.

There are advantages and disadvantages to each of the items mentioned here. What’s best for you is going to depend upon your circumstances. Even if you have friends who went through a divorce, what worked for them may not work for you. You have to find the path forward that is right for your future.

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How Long Does It Take A Divorce To Finalize?

Aside from the basic “at least six months” which is required by California laws, the answer will be “it depends.” There is no easy way to answer that question without knowing what’s happening in your case, what your specific goals are or what is most important to you.

This is one of the reasons why it’s so critical to find the right legal professional to handle your case. Your attorney can discuss the approach with you to determine how you want to proceed. He or she can then break down what’s likely to happen and how long that can take going forward. Additionally, you want to be sure that your attorney isn’t going to push you into decisions just to keep things moving and out of court.

At our firm, we’re focused on the needs of our clients. We handle our cases efficiently, with an eye toward what is most important to you. If you’re concerned about the time a divorce can take, when we hit points where decisions can impact time, we explain the pros and cons present. We help you understand what the choices in front of you are, and how they impact you personally, both today and in the future. You’re not going to go through this alone. We’re here to fight for you and inform you, throughout the entire case, no matter which direction things may go.

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Child Custody And Parenting Time

Most parents want to continue to be an active part of their child’s life after a divorce, and the parents may disagree about how much time each parent should get to spend with their child or children. Finding the appropriate arrangement can take time, or, if unable to be resolved, may have to be decided upon by the courts.

If the case goes to trial, the child custody/parenting time ruling will be based on what the judge feels is in the best interests of the child. This doesn’t mean what you think is best for your kids – it’s a much more complicated process. California laws spell out specific factors that the court must examine as it considers what it believes to be in the child’s best interests, and then make a ruling based on those factors.

There are pros and cons to taking a custody case to trial. Pros include being able to really demonstrate to the court why you should remain an involved part of your child’s life. You get to show why this means so much to you. Cons include having less control over the eventual outcome, as well as the potential expenses associated with a long custody battle. Additionally, the more contentious these are, the higher the likelihood that the parents will have a poor relationship going forward.

If you have a child with another person, you will have to deal with your co-parent for many things while raising your child together. The better your relationship, the less difficult things may be for your child. That’s not to say that you have to completely give in to what the other side is asking for, or always make concessions to your co-parent, but simply prioritize the things that are worth the time and frustration going forward. This is something you can begin to work toward in the divorce process if the other side is willing to work with you on this issue. If not, it at least allows you to begin to prepare yourself for the road ahead and be sure that you have done everything you can to protect the time you get to spend with your child.

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The Division Of Marital Property – Including Debts

Another issue that’s going to be pretty significant in most divorces is the division of the couple’s marital property. What is marital property? It’s anything that the couple acquired while married, with certain exceptions. This can be ordinary working wages/bonuses, retirement account contributions, as well as things like the marital home or equity in the home.

Why are we focusing on marital property? California is a community property state, which means that each spouse will get an equal share of the property to be divided. Sometimes this means that parties may contest that certain property is marital property, or portions of the property should be excluded from at the time of the division.

For business owners, this is a very critical time in the future of the business. The spouses may have to contemplate what they want to happen after the divorce is finalized in order to understand how to efficiently divide up the business assets. For example, if one spouse wants to continue to operate the company post-divorce, they may have to buy the other spouse out. It is also possible that the spouses may need to sell the business in order to complete the property division portion of things. It’s a very complex scenario, and people should talk about this with a divorce attorney who understands property division to know how to best protect their interests in this situation.

Sometimes people forget that the debts accumulated during the marriage are also part of the property division process. This can mean mortgage debt or other debts such as credit card debt that the parties incurred together while married. Any debt that can be attributed to either spouse during the marriage is going to be subject to division at the time of the divorce. Parties need to know how to effectively divide this as well so that neither side is stuck facing an unpredictable financial future due to the problems caused by debt.

One thing to remember about the division of marital property – it’s going to be very hard to revisit these decisions once the divorce is finalized. Unless a spouse has hidden assets in a way that the court feels is dishonest, you may have to live with the agreement that’s made at this time. It’s extremely, extremely important that you get an accurate picture of your finances and understand what you are entitled to receive as part of the divorce.

So many couples fail to look toward the future during this stage of the proceedings. They don’t realize that this is their opportunity to come out of the divorce in a stable place. This means that they don’t really understand how the divorce is going to impact finances. During a marriage, it’s possible that both spouses are contributing financially to the household expenses. When a divorce happens, that pool of money available for monthly expenses can decrease rapidly. Knowing how to prepare for such a dramatic change is going to be very important for a person’s long-term future. The wrong decisions can result in significant hardship and even bankruptcy in some cases.

Proper strategic planning is very critical to the division of marital property. We want to stress that you really think about what it is that you hope to accomplish at this time. You may be tempted to fight over every last thing, but know that this can end up backfiring on you in the long run. You and your divorce attorney should discuss what’s most important to you at this time, so you are able to develop an approach that’s focused on those items of importance. You don’t want to be the couple fighting over a $120 piece of property by paying your lawyer’s hourly fees to get that last item to make the other side miserable. Talk about how to best solve this for your situation so you’re not putting yourself in an impossible place after the divorce is official.

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Child And Spousal Support – Who Pays And When

There are specific formulas that the court will use when determining the amount of child support that will be awarded in a particular case. The court will look at the income of the parties and the ability of the parties to pay support. Support orders will not change unless there is a change in the circumstances of the parties.

As the court evaluates these factors, you should also think about how you and your ex will deal with expenses – both planned and unplanned – connected to the children. This can be things like education expenses – such as for after-school activities or field trips or things like starting a college fund. Medical expenses, including insurance, will also be an issue at this time. Comprehensive planning at this stage can help the parties avoid disagreements when things arise in the future.

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Spousal Support – What You Need To Know

California’s laws on spousal support can be complicated and confusing. You may or may not be entitled to receive support in a divorce, depending upon the circumstances. Whether you are seeking or contesting support, a divorce attorney can help you understand the specifics of your situation. Because each couple’s financial situation is so different, it can be hard to write a blanket statement about when support will be awarded.

This is often an extremely contested issue, so parties have to be sure that they know the basics when preparing for this part of the process. Your divorce attorney can help you develop the right strategy for your specific situation – and take steps to pursue your ultimate end goal in your case. If you are receiving support, your attorney can push for the maximum amount for the longest period of time. If paying, your attorney can push back against the requests to limit the potential award for the spouses.

Another point to consider – some spouses may have proactively dealt with this issue as part of a prenuptial agreement. They may have already listed the amount and duration of spousal support to be awarded. It’s possible that this may be revisited if the couple’s circumstances have changed drastically, but it may be the starting point for the court if this is an issue that needs to be resolved.

Keep in mind that regardless of the support awarded in a case, there will be an impact on both spouses, in the short and long terms. Each spouse needs to make sure they have planned appropriately for the future to avoid any significant financial consequences that come as a result of the paying/or receiving of support.

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Free Consultations With Experienced Divorce Lawyers

Divorce is never easy, but it doesn’t have to be impossible, either. If you make the decision to end your marriage, know that you’ve done the hard work of dealing with that extremely difficult first step. Once you’ve made the choice to end your marriage, we strongly encourage you to reach out to a divorce attorney to plan the next steps. Whether this is your first divorce or you’ve been through the process before, you need to make sure you are doing what is best for you and your family.

During our free initial consultation, you have the opportunity to learn if we are the right fit for you. It is important to work with an attorney or law firm that you feel matches up best with what you hope to accomplish. If you decide to retain our services, know that we are going to be there for you and fighting for you inside and outside of the courtroom. Call our office today at 619-908-1495 or send us an email to begin the first steps toward protecting your future.