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Things to Think About When Considering a Divorce in San Diego

On Behalf of | Jan 21, 2022 | Divorce

What are some of the things to think about when considering a divorce in San Diego?  What are some of the basics about a San Diego divorce which apply in all cases?  What are some of the most important facts most people may not realize as they approach a divorce?

The first thing you need to know about divorce in San Diego is there doesn’t have to be “grounds” for filing for divorce.  All divorces in San Diego and throughout California are presumed to be “no-fault.” This means issues such as infidelity and the behavior of each or both of the parties will not have much (if any) of an impact on the division of community property, spousal support or most other issues associated with the divorce itself.  In order to file for a divorce in California one of the parties must have resided in our State for six months, and one of the parties will have to have lived in the County where the divorce is filed for at least three months prior to filing.

Another of the important things to think about when considering a divorce in San Diego is the type of process you would prefer to experience.  The choices of each party and how they conduct themselves will have a substantial impact on every aspect of the divorce.  It is important to know, from the outset, the cost of your divorce and the time it takes to complete are directly tied to the level of disagreement between you and your former spouse, and your ability to resolve or reach a settlement on these issues. Your own personal choices, and the decisions you make as spouses approaching the divorce will have a significant impact on the emotional price of the process, as well as the time it will take and the amount it will ultimately cost.

It is important to know that more than 80% of divorces in California are originally filed by one of the parties without legal representation.  However, less than half of these cases (and an even higher percentage of cases involving children, business ownership or substantial assets) are completed without both parties being represented by an attorney.  Those who attempt to manage a divorce on their own are often overwhelmed by the specificity of the documents required by the Court, the processes associated with completing every issue in the case and the time it takes to get things done on your own.  One local judge recently noted that it took most people more than a year of trying on their own and in the end the process couldn’t be completed without attorneys.

Communication is another of the things to think about when considering a divorce in San Diego.  You need to realize that everything you say in a voicemail, write in an e-mail, note or text or post to social media can and will be used against your interests in a divorce.  You need to carefully pre-plan for divorce and develop important strategies to efficiently guide you through each step while protecting your own interests.

You need the experienced, proven advice and counsel of the Certified Family Law Specialists at Burke & Domercq.  We invite you to review the strong recommendations of former clients and the legal industry and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.