Essentials to Know About Divorce Attorney San Diego
Divorce Laws in California
Before filing for a divorce in San Diego, which is also termed as Dissolution of marriage, it is important to be a resident of San Diego for at least 3 months and a resident of California for 6 months. Under the divorce law of California, you can get a divorce by citing irreconcilable differences and incurable insanity.
Being a Community property state, all your marital property will be divided equally to both you and your spouse after the divorce in California. If your children are under 18 from your marriage, then you need a consideration for child support and child custody as well. Generally, the law of California prefers sharing custody amid the parents, but only if that arrangement will not upset the child. However, when allowing for a custody bond for the family, the court will look for all aspects and settle on the one, best for the child interest.
Meeting the Attorneys
When looking for divorce attorney in San Diego, make sure the one you hire has all the understandings of the related law and provide you all the solutions and answers of your queries. You can ask the questions during your initial consultation with the attorney. This allows you to get familiar with his/her way of working and whether you should hire the particular attorney or not!
Prior to your meeting, collect all the relevant data required to file for the case such as mutual property deeds owned by you and your spouse, retirement account statements, financial information and income tax returns. Ask the attorney to provide you details of the divorce process. If possible, ask him about the process of child support and child custody. Discover, how long the attorney has been practicing San Diego divorce law and how many clients he had handled successfully.
Filing a Divorce in San Diego
To start with the process of filing for a divorce in San Diego, the first step is to file a petition for dissolution of the marriage with an appropriate jurisdiction. Your spouse has to serve with a legal paperwork and will get 30 days to act in response.If there is no any reply from your spouse, the case will continue anyway.The one asking for the divorce or the petitioner requests court orders regarding the property division, the fees of the attorney, alimony, visitation, child support and custody. In this circumstance, the divorce will become final in 6 months.
On the other hand, if your spouse responds back to the notice, then you two will swap over information about the property, assets, debts and other items. You can mutually decide on how to divide the items and assets along with child support and custody. But if any one of you can't agree, then you have to wait for the court hearing. During the court hearing, your divorce attorney in San Diego and the attorney of another party will present evidence and make arguments before the judge. Then the judge will provide the solution and settle on the best possible outcomes.