The process of filing for a Divorce in the United States may vary depending on which state you live in. However, all states have the following characteristic: an individual can request a divorce without proving that the partner is at fault, that is, as it’s often mentioned, a no-fault divorce.
In this article, we will talk specifically about divorce in San Diego, California and learn about different things that you need to keep in mind when you decide to file for a divorce.
Why is it important to learn about divorce laws in California?
Suppose you are a resident of San Diego and want to get divorced. In that case, you need to understand that California’s divorce process is not necessarily the same as in neighboring States.
If you decide to file for divorce on your own, you must visit the Family Law Court website for information about the proper steps and guidelines to complete your divorce.
Forms of representation
There are many ways to have your interests represented in the divorce process; let’s go to them:
You can represent yourself; however, we don’t recommend it, particularly if you have children. An experienced family law attorney will be better equipped to handle child support, visitation, and spousal support.
The following scenarios are ideal for individuals who want to self represent themselves:
- You are comfortable filling out court forms.
- You have a relative knowledge of the laws of the State of California as it pertains to the divorce process.
- There is not much property to be divided.
- Your partner does not hire a lawyer T
- There are no children. In this scenario, there would not be much to be discussed (Guard of the children, division of assets and etc.).
Hire a mediator:
Hiring a mediator is a better option than the previous one. This is ideal for cases when the couple continues to communicate in a respectful and friendly atmosphere. In this case, the idea is to reach an agreement without going to court.
Hire an attorney:
This is the best option when children, wealth, and other important issues are involved.
If there is a dispute over child custody, over the division of the estate, infidelity, or anything that could make the divorce a faulty process, the presence of an attorney for both parties is necessary.
Property division in the state of California, property accumulated during the marriage is considered marital property, meaning the value of the property is assumed to be divided equally. Premarital property is deemed to be individual and is not subject to division.
The state of California allows the couple to decide how the property will be divided; however, a Judge is always necessary to formalize everything.
Entering the divorce process
To enter the divorce process in San Diego, California, it is necessary that at least one of the parties has lived in California in the last six months and lived in the county where he/she lives for at least three; otherwise, the divorce process cannot take place in California.
Filling out forms and entering the process
Divorce forms are relatively intuitive and easy to fill out; however, an attorney’s help is always welcome. There are sites on the Internet that locate the family law court closest to where you live.
After you have completed the necessary forms, it is required (legal obligation) that you provide copies to the other party. We recommend that you do this by hiring an agent for service of process.
Waiting for the answer
If you have started the divorce process, the responding party has 30 days to complete the response and return it to you.
After the petition has been fulfilled, it is necessary for you to gather financial documents and fill out a few more forms. At this time, the help of an attorney is imperative.
Completion of the divorce process
The steps for finalizing the divorce process depend on the response that the other party gives to the petition. The best possible scenario is when there are an answer and an agreement, in which case the divorce is considered indisputable, requiring only the fulfillment of some bureaucratic stages.
In case of no agreement answer, the divorce goes to court. In this situation, both parties will need lawyers to represent their interests. Important decisions about the custody of children, the estate division, etc., will be made by the Judge. Obviously, the Judge’s decision is not final and can be reviewed; even the party that felt harmed by the decision can appeal.