Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Sherin Mamachen
Sherin is a content and copywriter from Texas who specializes in writing for the legal tech, fintech, martech and cybersecurity sectors. She leverages the power of words to help meaningful brands inspire, inform and connect with their audience through impactful content.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Going through a divorce can be overwhelming, especially when disagreements arise over child custody, asset division or debts. Fortunately, California is home to some of the top divorce attorneys adept in both uncontested and contested divorce.
This article presents the 10 best divorce lawyers in San Diego. It also offers an insight into California’s divorce proceedings and highlights an attorney’s role in guiding you through every aspect of the divorce process.
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Best Divorce Attorneys in San Diego, CA
Compare Top Divorce Attorneys
Filing For Divorce in California
The process of officially ending a marriage in California requires specific steps. Below, we provide detailed information about the various aspects of the state’s divorce process.
California Divorce Requirements
Each state has its own divorce eligibility criteria. If you’re considering a divorce in California, you must meet these specific criteria:
- Residency requirement. You or your spouse must have been a resident of California for at least six months and of the county where you’re filing for the past three months.
- Legal separation. In California, you can opt for legal separation, which decides property division, debts, financial support and child custody and visitation without dissolving the marriage itself.
- Filing for divorce. To start the divorce process, you need to initiate a court case. This involves completing and submitting specific forms to the county court.
Types of Divorce and Separation in California
California offers a variety of options for married couples looking to end their marriage.
- No-fault divorce. As a no-fault divorce state, California doesn’t require you to prove your spouse is at fault to get a divorce. You can obtain a divorce even if your spouse doesn’t agree to it.
- Uncontested divorce. This is a quicker and easier process where both spouses agree on all key issues like property division, child custody, support, and finances.
- Contested divorce. If you and your spouse can’t agree on one or more issues, the divorce becomes contested. These cases are often more complex, expensive and time-consuming, potentially requiring mediation, arbitration or trial to settle.
- Legal separation. You can choose to live separately and divide assets and debts without officially ending the marriage. This option is sometimes chosen for religious reasons or to maintain benefits such as health insurance. Legal separation in California can also serve as a preliminary step before divorce.
- Summary dissolution. This simplified divorce process is for couples married for less than five years, without children, and with minimal assets and debts. In this type of divorce, neither spouse can request spousal support and the couple must agree on asset and debt division.
- Annulment. An annulment declares that a marriage was never legally valid due to reasons like fraud, bigamy or force.
- Domestic partnership termination. Registered domestic partners in California can end their partnership by filing a Notice of Termination or dissolution.
These options mean you can choose the path best suited for your situation. The no-fault approach in California simplifies the divorce process by eliminating the need to prove wrongdoing by either party.
Child Custody, Support and Visitation in California
California prioritizes the child’s best interests when making custody, support and visitation-related decisions.
- Child custody. You and the other parent have equal rights to custody. If the other parent is unable or unwilling to take custody or has abandoned the child, you can seek sole custody. California recognizes two types of custody.
- Legal custody. This involves the right to make decisions about the child’s welfare, health and education. While sole legal custody allows you to make these decisions independently, joint legal custody gives the other parent an input in decision-making.
- Physical custody. This pertains to where the child lives. Sole physical custody means the child lives primarily with one parent and does not spend time with the other parent, while joint physical custody means the child splits time between both parents.
- Child support. Child support covers the child’s basic needs and is calculated using a state formula that considers both parents’ incomes, the amount of time spent with the child and other factors.
- Visitation. If you spend less than half the time with the child, you have visitation rights. However, if the court finds that visitation would harm the child’s physical or emotional well-being, it may be restricted or denied.
Property Division in California
As a community property state, California mandates that property, assets, income (including things bought with that income), retirement benefits and debts incurred during your marriage be split equally upon divorce. For instance, if you buy a car with income earned during the marriage, that car becomes community property, even if it’s only in your name.
However, some exceptions exist. Assets or debts you acquired before the marriage or after separation, as well as gifts or inheritances you received individually during the marriage, are considered your separate property and not subject to division.
Regarding alimony or spousal support in California—the court may award alimony to the lower-earning spouse after divorce to cover their monthly expenses till they become self-sufficient.
California recognizes two forms of alimony:
- Temporary spousal support. The judge may require the higher-earning spouse to pay temporary spousal support, which is aimed at maintaining the living standards of the lower-earning spouse while the divorce is pending. This support typically lasts until the divorce is finalized.
- Long-term spousal support. Long-term spousal support, on the other hand, is determined at the time of finalizing the divorce. The court considers a host of factors like your age, health, future earning capacity, contributions to your spouse’s education or career and any history of domestic violence. The aim is to provide financial assistance until the lower-earning spouse becomes self-sufficient.
The duration of spousal support isn’t mandated but is often expected to last for about half the length of the marriage, except in long-term marriages. For example, in a four-year marriage, you might receive or pay alimony for two years, but in a 30-year marriage, the duration varies based on individual circumstances.
Spousal support ends if the recipient remarries or if either spouse passes away.
Filing and Serving Your Divorce Papers
To start a divorce or legal separation in California, you need to fill out two main court forms: the Petition (Form FL-100) and the Summons (Form FL-110). If you have children or are seeking spousal support, you need additional forms. All required forms are available on the California Courts website or at your local courthouse.
After filling out the forms, file them at your local courthouse. You can do this in person, by mail or, in some cases, through e-filing. Filing fees are typically between $435 and $450, but if you’re facing financial challenges, you can apply for a fee waiver.
Once you filed the documents, an adult (other than yourself), known as the server, must serve the papers to your spouse. The server then needs to complete the Proof of Service form (FL-115) and return it to the court, verifying that your spouse has received the documents.
Finalizing Your Divorce
In California, completing a divorce includes a mandatory six-month waiting period, starting from when your spouse is officially served with the divorce papers. This period is intended to provide time for you and your spouse to reconsider and possibly reconcile.
After you submit the final form, you have the option of reaching a settlement. If you cannot, you will have a trial and the judge will decide all the issues in your divorce. Once a settlement or judgment is reached, the judge grants the divorce.
How Can an Attorney Help You?
Divorce is emotionally and financially draining. A divorce attorney can be a miracle worker in situations like these. Here are some ways they can help:
- Legal guidance. Your divorce attorney provides you with legal advice aimed at protecting your best interests. They walk you through the pros and cons of each legal option, considering various factors that will impact your case and long-term future. This guidance ensures that you make informed decisions and are well-prepared for every step of the process.
- Asset protection and equitable distribution. They thoroughly review all marital assets and debts and strive for fair distribution. If you’re unaware of certain assets, they can help uncover them, ensuring fairness in property division.
- Debt division assistance. Your attorney helps you navigate the complexities of debt division. They advocate for fair allocation of debts between spouses, potentially restructuring obligations when one spouse carries an undue financial burden.
- Streamlined paperwork handling. Your attorney handles all paperwork, ensuring forms are correctly filled out and documents are submitted timely, reducing delays and complications.
- Alternative dispute resolution (ADR) guidance. Your attorney can guide you through alternative dispute resolution methods like mediation and arbitration, often resulting in faster, less adversarial and more cost-effective resolutions than trial. They help implement ADR strategies for agreeable settlements outside court.
How to Find the Best Divorce Lawyer in San Diego, California
Choosing the right divorce attorney in California can be challenging given the many available options. Here are some tips to help you in your search:
- Leverage your personal network. Start by asking friends, family or colleagues who have experienced a divorce. Find out if they would recommend their attorney and ask about their experience and satisfaction with the lawyer’s services.
- Check for relevant experience. The attorney you choose must have experience relevant to your specific situation. If a contested divorce seems likely, look for an attorney skilled in litigation and alternative dispute resolution. Consider their years in family law and their areas of specialization as well.
- Evaluate reputation. Investigate the attorney’s reputation through the Better Business Bureau, Google Reviews, social media and their website. Reading both positive and negative reviews gives you a well-rounded view of their performance and client satisfaction.
- Ask questions. Many attorneys offer free initial consultations. Consider using this opportunity to assess their expertise. Ask specific questions about your case, such as property division, the divorce process duration and potential alimony. Interview multiple attorneys and evaluate their responses to find the best match for your needs.
These steps will guide you in finding a skilled attorney who aligns with your needs and circumstances.
Methodology
To come up with the best divorce lawyers in San Diego of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
How much does it cost for a divorce attorney in California?
The cost of a divorce attorney in California varies and is influenced by several factors. Typically, divorce lawyers in the state charge an hourly rate.
Attorney fees in California average between $300 to $950 per hour. Where you land in that range will depend on factors such as whether your divorce is contested or uncontested, the nature of services required and the length of the legal process. The divorce attorney’s experience level can also impact the overall cost.
To avoid any unforeseen expenses, remember to discuss fees and payment structures with your attorney during the initial consultation.
What is the cheapest way to file for divorce in California?
The cheapest way to file for divorce in California is via an uncontested divorce, where both spouses agree on all major issues like property division, child custody and support. While the court filing fee is mandatory, you can save on fees by not hiring an attorney and handling the paperwork yourself.
Uncontested divorces are typically faster and less costly since they don’t require lengthy court proceedings or extensive legal negotiations.
Do you need a divorce attorney in California?
In California, you are not legally required to have a divorce attorney. The need for an attorney typically arises if your divorce case goes to court, particularly if it involves complex legal issues.
You have the option to represent yourself in divorce proceedings (known as “pro se” representation), but be aware that divorce laws and procedures can be complex. An experienced divorce attorney can offer invaluable guidance, safeguard your interests and handle the legal complexities for you.
Even in uncontested divorces, it might be wise to have an attorney review your paperwork. This can ensure accuracy and completeness, provide peace of mind and help avoid future complications. The decision to hire an attorney should be based on the specifics of your case and your confidence in navigating the legal system.
