A Complete Guide in Getting a San Diego Divorce

By: Joseph Carter | Posted: 13th October 2010

Individuals who are getting through divorce find themselves so involved in its emotional aspects that they tend to forget the fact that the process of divorce is a legal matter. It is important to have adequate knowledge of the legal issues involved in your divorce case to avoid being triumphed by your emotions. If you are getting a divorce in San Diego, California, here are the essential facts you need to know.

Residency Requirements

In order to file for a divorce in San Diego, either you or your spouse must have lived in California for at least six months and in San Diego for at least three months prior to filing.

Grounds for Divorce

California is a no fault divorce state. This means that you do not need to prove a fault for your divorce to be granted by the court. You just have to declare irreconcilable differences between spouses or if one of the spouses has incurable insanity.

Spousal Support

To determine the amount and duration of the spousal support that can be awarded to a spouse, the court must take into consideration several factors which may include age, education, and ability of each spouse to be self-sufficient. Decisions regarding spousal support may also be affected if a spouse is convicted for acts of domestic violence by the other spouse, if either spouse is living with a person of the opposite sex and other factors specific to the case that the court determines fair and equitable.

Property Division

California is a community property state. Community property is everything that a husband and wife own together from the beginning of their marriage until the date they separate. In general, community property includes all income and assets that either spouse acquired during the marriage and this should be divided equitably which does not necessarily mean a 50/50 division.

Separate property, on the other hand, is anything the husband or wife owns separately, such as property owned before the marriage, gifts or inheritances received during the marriage. Separation property will not be included in the equitable distribution.

Child Custody and Visitation

The best interest of the child is always considered in making any decision concerning custody and visitation. California law also believes that joint legal custody is in the best interests of the child, except in cases involving domestic violence. With regard to child custody, the types of arrangements available include joint or sole legal custody and joint or sole physical custody.

Child Support

Child support is determined by many factors such as the general standard of living in California, the cost of raising children in California and the income and financial resources of both parents.

It is certainly difficult to decide on getting a divorce. Because of the financial and emotional issues that you will encounter in the process, it is the best option to work with an experienced San Diego divorce attorney in order to be guided accordingly.

For more information on Cincinnati Divorce visit the author's website, or its sister site on El Paso Divorce.
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