Getting a divorce in San Diego

Remember to plan for health needs

May 05, 2011

By Mike Hinshaw

Sometimes people are so angry or distraught that rush into filing for divorce, forgetting that divorce can be accompanied by severe emotional and even physical health upheaval. If  you live in the San Diego area and are considering filing for divorce, we can help you find compatible, experienced divorce attorneys, but don’t forget to include doctors, counselors and spiritual advisers in your network of resources.

Grief counseling may be in order

Whether you’re the Petitioner (the one who files the suit) or the Respondent (the one who gets filed on), divorce often feels like a death in the family, so many people find grief counseling helpful. Remember, divorce not only means the end of a relationship but also of formerly shared dreams.

Legal Separation

In your area, couples may want to first obtain a legal separation. According to the San Diego County-Superior Court of California’s Web page on Divorce & Paternity, “This action can be filed by a married person who wishes to maintain the marital status but separate and resolve all other issues of the marriage. The court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or award community and separate property assets and debts. If the other party (Respondent), responds to the paperwork and requests a dissolution of marriage, the court will grant the dissolution of marriage.” See “Instructions on filing a Legal Separation.”

Summary Dissolution of Marriage

The easiest divorce in the San Diego area is called Summary Dissolution of Marriage, but eligibility is “very limited and can only be used by a married couple which meets the following requirements:

• The parties have been married less than five (5) years as of the date the action is filed.
• The parties have no children together born before or during the marriage, including by adoption; and the wife, to her knowledge, is not pregnant as of the date the action is filed.”
• Neither party has any interest/ownership in real estate.

See “Instructions on filing for Summary Dissolution of Marriage.”

More common: Dissolution of Marriage

Most people will file for the more common Dissolution of Marriage: “This action can be filed by a married person to end a marital relationship. Along with restoring the parties to single status, the court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or divide community and separate property assets and debts.” See “Instructions on filing for Dissolution of Marriage.”

Nullity of Marriage

Another option under California law is called Nullity of Marriage, in which the Petitioner “will have the burden to prove to the court that one of the conditions for nullity has been met before the court will grant the nullity of marriage.” See instructions on filing this action.

Domestic Partnerships recognized, even if formed in another state

Finally, California law also provides for legal separation, dissolution and nullity for Domestic Partnerships: “This action can be filed by an individual who is a member of a registered partnership or equivalent, validly formed in another jurisdiction outside of California, to terminate, separate, or annul the partnership.” See those instructions here.

[Note: Also see “Divorce in California.”]

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And that’s where we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.