Deciding to divorce can be incredibly emotional for a couple. No one gets married expecting to divorce in the future. However, you’re not alone. The San Diego divorce rate is high, and many residents have gone through the same experience you may be struggling with.
How Neumann Family Law, A.P.C., Can Help
The attorneys at Neumann Family Law, A.P.C., have extensive experience in all facets of California family law. Having a skilled lawyer on your side can be a deciding factor in your future well-being. Our talented team includes two Certified Family Law Specialists, meaning we’re equipped to take on your divorce, no matter how complex or contentious it may be.
Divorce Statistics in San Diego
In 2021, the national divorce rate was 6.9 divorces per 1,000 women. As of 2022, California has a relatively low divorce rate, ranked 42nd out of 50 states. As of 2023, 7-11% of San Diego residents were divorced. With a population of 1,388,312 people, this means roughly 100,000 to 150,000 San Diegans have gone through a divorce.
The Step-by-Step Divorce Process in San Diego, California
Knowing how the divorce process works can make it much easier. Unfortunately, getting married is far simpler than getting divorced. Divorce can be costly and take a long time to complete, especially for those with high-value assets or children.
To start a divorce in San Diego, you must first file the required forms. This is done at the Central Courthouse, located at 1100 Union Street. After paying the filing fee, you’ll then serve the divorce papers to your spouse. You can start the divorce even if they don’t respond.
You then have to share all information about your finances with your spouse. You don’t file your financial documents with the court, but you must give them to your spouse and then file a form with the court to show you shared the information. Your lawyer will be able to guide you through this process to avoid confusion.
If someone tries to hide assets during this process, the penalties can be severe. The other spouse can ask the court to give them back at least 50% of that property’s value, plus the costs of lawyers and court fees. In serious cases of fraud, the court can award the harmed spouse 100% of the hidden assets.
How Divorce Decisions Are Made
To complete your divorce, you and your spouse will need to determine the following:
- How your debts and property will be divided
- Whether spousal support will be paid, as well as the duration and size of the payments
- How to care for and support your children if you have any
You will have a few chances to settle before a judge holds a trial. Settling is typically done through mediation, where a neutral party helps facilitate healthy conversations and resolve issues. They won’t make legal decisions for you or your spouse. It’s important to hire a divorce lawyer to help during the negotiation process.
Once you agree on these topics, you can put an agreement in writing. If you and your spouse can’t agree, the court will decide for you. It’s recommended to resolve any issues before going to court, as it gives you more control over the outcome.
If you need temporary child custody or spousal support determinations, you request a temporary order from the court while you keep working on an agreement. Temporary spousal support can help you financially before a final spousal support decision is made. Temporary child custody allows you time with your child and the right to make decisions on their behalf before the divorce is complete.
It’s important to disclose these concerns during your consultation with the attorneys at Neumann Family Law, A.P.C. Filing as soon as possible for temporary orders can help ensure this transition period is as painless as possible.
Hire a Divorce Lawyer From Neumann Family Law, A.P.C.
With over three decades of combined legal experience, the four attorneys at Neumann Family Law, A.P.C., know what it takes to achieve the most favorable outcome in a family law case. We provide our clients with an empathy-driven legal approach, putting your needs first.
We know that family law matters are some of the most difficult things you can go through. Our team is committed to supporting our clients through these stressful times.
FAQs
Are Assets Always Split Evenly in a San Diego Divorce?
When a San Diego couple gets divorced, California courts will divide the assets they own together evenly, unless both parties agree otherwise. Each spouse will keep their own separate property. The court will also decide how to handle any debts, assigning them fairly to each party. If the couple can’t agree on how to divide property worth less than $50,000, the court can send the case to arbitration. Arbitration is a legal alternative to trial.
Is There an Easier Way to Get Divorced in California?
A summary dissolution is a simpler and cheaper way to get a divorce in California. However, you have to meet specific qualifications to apply. You must:
- Have been married for less than five years
- Not have any children together
- Not own or lease a house or land
- Owe less than $7,000
- Have property worth less than $57,000
- Both agree on all divorce topics, like alimony and property division
How Long Do I Have to Live in California Before I Can File for Divorce?
The residency rules for a divorce in California are that one spouse must have lived in California for at least six months. They must also have lived in the filing county for at least three months. If you are in a registered domestic partnership in California, you don’t need to live in the state currently to end it there.
Do I Have to Pay Alimony After Getting a Divorce in San Diego?
Depending on your circumstances, you may have to pay alimony after getting a divorce in San Diego. How much support is paid and for how long depends on many factors. Usually, the longer the marriage, the longer alimony will last. For long-term marriages, support often lasts about half the length of the marriage. However, support could last much longer or even indefinitely, especially if spouses have spent most of their lives married.
Contact Our San Diego Family Law Firm Today
Neumann Family Law, A.P.C., represents clients throughout San Diego and the surrounding areas. We understand the complex emotions and laws involved in family law matters. To learn how we can help you, contact our team today to schedule your first consultation.
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