Deciding to end your marriage is never an easy choice and is often accompanied by confusion, fear, and feelings of being emotionally depleted. Filing for divorce in San Diego County can become less daunting when you know what to expect. The process is a legal and emotional one, which takes time and effort to prepare.
If you’re seeking to end your marriage and wondering how to file for a divorce in San Diego, you’ll need to understand the residency requirements, the forms required to file with the court, as well as the state-mandated waiting period before your divorce is finalized.
An attorney assists you by guiding you through the entire divorce procedure and explaining what to expect during each step, from filing the initial petition to resolving property division and support matters.
Hire a Divorce Lawyer
Neumann Family Law, A.P.C., serves clients throughout San Diego, and one of the things that sets the firm apart is its experience with complex and high-net-worth divorce litigation. Super Lawyers Sara Neumann, Owner, and Edward Castro, Senior Counsel, are Board-Certified Family Law Specialists with over 50 years combined experience, which they bring to each and every case.
They handle all of the tracing, support, and custody issues that arise with complex business and property division matters and walk clients through these issues with confidence and a well-informed game plan. Clients in San Diego come to Neumann Family Law, A.P.C. for the firm’s direct and ethical attorneys, their attention to detail, and their willingness to go to trial if needed.
Meeting San Diego’s Residency Requirements
Before you can file for divorce, the court must have jurisdiction over your case. In California, one of you must have lived in the state for six months and in San Diego County for at least three months prior to filing for divorce. The residency requirements determine which county’s court will hear your case.
If you’ve just moved to San Diego, you may have to wait to file, or you may need to file in your former county of residence. Establishing residency right away makes sure your paperwork will be accepted, and your process will not be delayed or encumbered.
Completing and Filing the Required Paperwork
Once you meet residency requirements, you can begin preparing the necessary documents. In San Diego, divorces are filed through the Superior Court’s Family Law Division. Accurate forms and complete filings help prevent costly rejections or delays. The key steps include:
- Completing a Petition for Dissolution of Marriage (Form FL-100)
- Completing a Summons (Form FL-110) to give your spouse notice of the case
- Paying the filing fee (approximately $435) or requesting a fee waiver if you qualify
- Filing all documents at your local San Diego Family Court (i.e.1100 Union Street)
- Retaining several stamped copies for your records and service on your spouse
Serving Divorce Papers on Your Spouse
Once you file, you must deliver a legal notice to your spouse that you have initiated divorce proceedings. California law requires that your spouse be served with “formal” service. This service must be done by someone else who is at least 18 years old and not a party to the case. Serving your spouse ensures that each spouse has an equal chance to be heard in court. It also begins the six-month waiting period that you must complete before the court can grant your divorce. The serving process involves:
- The divorce petition and summons must be personally delivered or posted by a server to your spouse to serve them correctly.
- Completing a Proof of Service (Form FL-115) and filing it with the court
- Giving your spouse 30 days to respond, which is calculated from the date of service
- If you are unable to serve the papers yourself, you may use certified mail or a process server.
Understanding the Waiting Period and Final Judgment
Under California Family Code § 2339(a), a judgment of dissolution cannot become final until six months have passed after the service of the Summons and Petition (or after the respondent’s first appearance, whichever is earlier).
This is true even if you and your spouse agree to divorce. This is what is often referred to as California’s six-month waiting period. You and your spouse must share complete financial disclosures so that all property, debts, and income are put on record with the court before your divorce is finalized.
You and your spouse need to settle property and custody matters and attend mandatory mediation if ordered by the court. When all of the issues have been resolved, the court will review your agreement or trial verdict and enter a final judgment of dissolution, which ends the marriage and states how the property and assets are divided and support and parenting plans are set.
FAQs
What Happens If Your Spouse Doesn’t Respond to Divorce Papers in California?
In California, if your spouse does not respond within 30 days of service, you can request a default. This allows the court to finalize the divorce without the other spouse, provided all necessary steps are taken. You are still required to file financial disclosures, and your proposed judgment must comply with California law.
Can You Stop a Divorce Once It’s Been Filed in San Diego?
Yes, if the parties have a change of heart and decide to work things out, the petitioner may file a Request for Dismissal to terminate the case before it is final in San Diego. After a final judgment of dissolution is entered, the divorce becomes permanent and cannot be altered.
Couples who are on the fence about proceeding often opt for a legal separation, which provides time and space without dissolving the marriage.
When Should You Hire a Divorce Lawyer in San Diego?
You should hire a San Diego divorce lawyer if your case involves shared property, children, or complex financial issues. An attorney can help you understand your rights, meet filing deadlines, and ensure all paperwork is accurate. Professional guidance can prevent mistakes that delay your case and protect your interests during negotiation or trial.
Contact a San Diego Divorce Lawyer
Filing for divorce in San Diego takes preparation and a clear understanding of court procedures. From establishing residency to serving documents and waiting for the final judgment, each step must be handled correctly to avoid delays.
Let a divorce lawyer from Neumann Family Law, A.P.C., help guide you through the process. The knowledgeable attorneys at our law firm can work to make sure your case is filed correctly and complies with California law. Book a consultation.
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