How to File for Divorce in San Diego

By: Joseph Carter | Posted: 13th October 2010

To file for a divorce or dissolution of marriage in San Diego, California you need to know the steps you should take and your spouse must meet certain requirements.

You must be a resident of California for at least six months and a resident of San Diego for at least three months. If you and your spouse reside in different counties, you may file for divorce in either county. You may file for a legal separation if you do not fulfill the residency requirements. Once you meet the requirements, you may file a petition to initiate your divorce proceeding.

A petition to dissolve the marriage is filed in Court by one spouse or referred to as the petitioner and then served on the other spouse which is the respondent. The respondent is given 30 days to answer the petition. 

Either spouse may file an Order to Show Cause to be able to request the judge to make temporary child custody and support orders.

A spouse may also file for Restraining Orders if he or she is in fear of the other spouse or the children are in danger of abuse or maltreatment, or if one spouse is about to misappropriate community funds or property without the consent of the other spouse.

Both spouses must file Income and Expense Declarations to show all sources of their income and living expenses.

While the divorce is pending, both parties disclose their income, expenses, assets and debts by exchanging documents and information that are financially-related. Interrogatories or written questions and Request for Documents can be served on the other party in order for the lawyer to obtain the pertinent information that he or she needs.

Depositions can also be taken to get relevant details that may be helpful to the case. A deposition is a formal discovery request where the other party or a key witness is required to come to the office of the opposing lawyer and answer his or her questions while the spouse is under oath. A Certified Court Reporter records it and may be video-taped as well.

When children under 18 are involved, both spouses are required to attend Family Court Services Mediation. The mediator appointed by the court will make a recommendation to the Court concerning custody and visitation.

If both parties can agree on the terms of divorce with regard to custody and visitation, child and spousal support, as well as the division of property, a Marital Settlement Agreement will be drafted and signed by both parties and filed with the Court. If both spouses cannot reach a mutual agreement, the divorce case will proceed to trial. 

The lawyers of the parties will prepare and file a Judgment of Dissolution of Marriage after the signing of the Marital Settlement Agreement or after the trial. When a Superior Court Judge approves the Judgment and signs the order, the marriage will be dissolved. Keep in mind that if these important documents are not prepared and accepted for filing with the court, your marriage cannot be terminated.


For information on Austin Divorce visit the author's website, or its sister site on Houston Divorce.
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Tags: respondent, relevant details, living expenses, declarations, petitioner, petition, child custody, san diego california, deposition, least three months, depositions, legal separation, court reporter, dissolution of marriage