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What Do I Do Now?

Divorce can take an emotional toll on your life. It’s a challenging journey filled with uncertainty. But you don’t have to face it alone. Our San Diego divorce lawyer is here to support you every step of the way.

We will listen to your concerns, alleviate your worries, and provide personalized guidance. Our expertise in family law matters will help protect your rights and advocate for your best interests.

Thinking ‘Who is the best divorce attorney near me?’ Let us at Garwood Reeves shoulder the legal burdens, so you can focus on healing and moving forward. Together, we will build a brighter future for you.

When to Choose Divorce Mediation

The end of your marriage is a difficult time – even when it is the best thing for all parties involved. Divorce mediation may be a good choice if you and your spouse need assistance coming to an agreement on topics including child custody and visitation, division of assets, and spousal and/or child support, but when you wish to avoid additional costs and lack of control of a courtroom divorce. At Garwood Reeves in San Diego, we believe that divorce mediation may be a great solution for a difficult situation.

When Litigation Is Required for Your Divorce In San Diego

Sometimes, the emotions involved with your divorce can make it difficult for you and your spouse to agree on the details – even with the assistance of a skilled negotiator. In this case, you and your spouse will need to go before a judge who can make decisions regarding support, child custody and visitation, alimony, and division of property. When you need to resolve your divorce with litigation, you need a San Diego divorce lawyer who understands the court system and will fairly and aggressively fight for your rights.

Understanding Divorce in San Diego, California

Getting a divorce in San Diego can raise many questions. How is property divided in a divorce in San Diego? How is child support calculated in San Diego? What is the process for spousal support or alimony in a San Diego divorce? And so on. Here’s what you must know.

Legal Grounds for Divorce

In California, divorce is also known as ‘dissolution of marriage.’ The state follows a ‘no-fault‘ divorce system, meaning you don’t need to prove your spouse’s wrongdoing. The requirement is simple. Either there should be irreconcilable differences or the marriage should have irretrievably broken down.

Residency Requirements

To file for divorce in California, you or your spouse must have lived in the state for at least six months. Additionally, you must have resided in the county where you plan to file for divorce for at least three months.

Division of Assets and Debts

California, as a community property state, generally divides marital assets and debts equally between spouses. Assets and debts acquired during the marriage fall under community property, with exceptions for separate property.

Separate property includes assets acquired before the marriage or through gifts or inheritances received during the marriage.

Child Custody and Support

In child-related divorce cases, the court prioritizes the best interests of the child. California courts actively encourage both parents to maintain a meaningful relationship with their children, favoring joint custody whenever possible.

Child custody arrangements can be determined through negotiation, mediation, or court intervention with the help of a child custody lawyer if needed.

Child support calculations consider factors such as parental income, the amount of time each parent spends with the child, and the child’s specific needs.

Spousal Support

Spousal support, also known as alimony, is awarded to provide financial assistance to one spouse during and after divorce. The following factors are considered when determining spousal support:

  • Duration of the marriage
  • Income and earning capacity of each spouse
  • Standard of living during the marriage
  • Contributions made by each spouse to the marriage
  • Age and health of each spouse
  • Financial needs and obligations of each spouse
  • Any history of domestic violence or abuse
  • Other relevant factors considered by the court

Divorce laws and procedures can be complex, and the details of your case may vary. If you are wondering, ‘Who is the best divorce lawyer near me?’ Garwood Reeves is here to protect your rights and interests throughout the process. Call us today!

What a Legal Separation Really Means

Some couples find themselves in a situation where they do not want to be divorced, but there is a financial reason to separate. Legal separation allows the parties to create a date of separation without actually dissolving their marriage. Similar to divorce proceedings, legal separation may require that a judge make decisions regarding spousal and child support, restraining orders, and other issues. Get a better understanding of legal separation with the help of the San Diego divorce lawyers at Garwood Reeves.

How You Can Get an Annulment

Are you wondering if you should file for divorce or seek an annulment? It can be confusing. California divorce laws allow marriage annulments for several reasons including:

  • fraud
  • bigamy
  • incest
  • age (one spouse under the age of legal consent at time of marriage).

There are various factors you should consider when deciding between a divorce and an annulment. We can help you make an informed decision.

Gray Divorce in San Diego County

Gray divorce refers to the dissolution of marriage among older adults, aged 50 and above. It is becoming increasingly common in San Diego County and other regions. But, as an individual going through a divorce later in life, you can have unique challenges.

Factors contributing to gray divorce can vary, such as empty nest syndrome, financial strain, changing priorities, and personal growth. When facing a gray divorce in San Diego County, it’s crucial to understand the specific legal and financial implications.

  • Divide your assets, retirement accounts, and pensions obtained over the years.
  • Seek guidance from retirement planning experts to understand the impact and create a strategic plan.
  • Explore healthcare coverage options like COBRA or individual policies for comprehensive benefits.
  • Update estate plans, wills, trusts, and beneficiary designations. Collaborate with an experienced estate planning attorney to protect and distribute your assets according to your desires.

Collaborative Divorce in San Diego County

Collaborative divorce involves spouses working with their attorneys to reach an agreement outside of court. Each spouse hires a collaborative divorce attorney who helps them find a mutually acceptable settlement.

Attorneys facilitate communication, manage conflicts, and involve other professionals if needed. The goal is to achieve a fair resolution while preserving relationships and minimizing conflict. This approach gives couples more control over the process and promotes a positive post-divorce relationship.

Military Divorce in San Diego County

A military divorce is the legal dissolution of marriage involving a service member and their spouse. 

A military divorce attorney specializes in handling such divorce cases. They understand the unique legal aspects of military divorces, including:

  • Jurisdiction,
  • division of military benefits,
  • deployment, custody matters,
  • and the Uniformed Services Former Spouses’ Protection Act (USFSPA).

Military divorce attorneys handle jurisdictional challenges, ensuring proper service of divorce papers even when deployed. They address the division of military benefits like pensions, retirement, healthcare, and housing allowances.

Regarding custody, they create plans that prioritize the child’s best interests while considering the service member’s obligations. They are familiar with the USFSPA requirements for dividing military pensions and benefits.

Begin Your Divorce with Confidence: Consult Our Seasoned Divorce Lawyers in San Diego

Before you start your divorce journey, take a moment to breathe. Avoid overwhelming yourself with all the concerns at once. Divorce is a process that requires step-by-step navigation.

Next, reach out to our family and divorce law firm in San Diego to schedule a consultation with one of our experienced divorce lawyers. We will provide guidance on how to prepare for your divorce and help you determine the best starting point.Many of our clients have expressed feeling a sense of relief after speaking with us. Take that first step towards a positive new life today by contacting us at (619) 692-8100.

What You Need to Do First Is Contact A San Diego Divorce Attorney Today

The first thing you need to do is to take a deep breath and to try to not worry about everything at once. This is a process. Then, contact our family and divorce law firm to schedule a consultation a San Diego divorce lawyer. We will help you to prepare for your divorce and help you decide where to begin. Our clients report all the time that they feel better after talking to us. Take the first step toward a positive new life. Contact us today at (619) 692-8100.

Divorce FAQs

How long does the entire divorce process take in California?
The minimum ‘waiting period’ for a divorce in California is six months. This is a mandatory time period given to the couple to help them reconsider their marriage and reconcile. The divorce proceedings start only after the waiting period is over. After that, the actual time depends on how well both parties are agreeing on the divorce terms. If the divorce is uncontested (you and your spouse agree on all the divorce terms), the divorce is granted almost immediately. However, if there’s a legal battle involved regarding property, custody of children, and more, the divorce can drag from some months to even a few years.
How can I expedite my divorce process?
The only way to expedite your divorce process in California is by opting for an uncontested divorce. For this, you and your spouse must agree on all terms of your split. If you have a disagreement on certain terms, through divorce mediation, we at Garwood Reeves can help. Through expert counseling, we can help you navigate a difficult situation with ease, helping you make your divorce quick and convenient.
How much does a divorce cost in California?
It completely depends upon the route you are taking: contested or uncontested divorce. There’s no single figure. If it’s an uncontested divorce, the legal process is pretty quick. The cost can be as low as $435, which is the filing fee. However, if you are heading for a contested divorce, be prepared to shell anything between $15,000 and $38,000. The amount actually depends on how long it takes for the dispute to resolve, how much your attorney charges, and how far apart you and your spouse are from the agreement.
If I do not want a divorce. Is there a way to prevent it?

Sorry, the short answer is No. California is a no-fault state and allows anyone to get a divorce at any time and for any reason. So, even if you do not want a divorce, but your spouse does, the court will grant the divorce over “irreconcilable differences.”

At Garwood Reeves, we can help you save your marriage. Our expert divorce mediators can work with you and your spouse to help you resolve your conflicts outside the court and rebuild your relationship.

Is separation mandatory before divorce in California?
No, California Law does not require couples to live separately before their divorce proceedings. Couples, however, can choose legal separation in California before the divorce.
Can I get a divorce without going to court?
Yes, in California, you can get divorced without legal proceedings. This is called an uncontested divorce. For this, you and your spouse need to mutually agree to all the divorce terms, create a marital settlement agreement and submit it to the court for approval.
How is spousal support calculated in California?
In California, spousal support or “alimony” is ordered by the court to help spouses keep up with their previous living standards until the divorce is finalized. The formula used for the calculation of spousal support is 40% of the high earner’s monthly income minus 50% of the low earner’s monthly income. The best part is that California laws on spousal support are gender-neutral.