Escondido Divorce Lawyer

Escondido Divorce Lawyer

If you are considering a divorce, you need a tough, trusted divorce lawyer on your side. Our Escondido divorce lawyers at San Diego Divorce Lawyers, APC, are seasoned trial lawyers and skilled divorce mediators. We work to resolve your divorce by negotiating a settlement, but we are fully prepared to go to trial if necessary.

We have over 30 years of experience representing clients in Escondido, California, in complex family law matters. Attorney Puja A. Sachdev is a trained family law mediator, Certified Family Law Specialist, and Certified Divorce Financial Analyst. She leads a team of highly qualified legal professionals dedicated to providing exceptional legal services for our clients in Escondido, CA.

Contact our law office today to schedule a free case evaluation, or call us at (619) 866-3756 to discuss your case with one of our Escondido divorce lawyers.

How San Diego Divorce Lawyers, APC Can Help You With Your Divorce Case in Escondido, CA

How San Diego Divorce Lawyers, APC Can Help You With Your Divorce Case in Escondido, CA

Many people believe it is easy to get a divorce in California because we are a no-fault divorce state. While you can obtain a divorce on the grounds of irreconcilable differences, legally ending your marriage is only one aspect of a divorce case. Spouses must resolve other issues, including child custody, property division, and spousal support.

Resolving the issues related to a divorce can be complicated. Spouses may disagree on what property should be included in the marital estate. Parents may dispute the terms of custody. Our attorneys at San Diego Divorce Lawyers, APC, understand these complex issues and how to protect your rights as we work to resolve problems to give you the divorce settlement you desire.

When you hire our top-rated Escondido divorce lawyers, you can trust we will:

  • Discuss your situation with you to determine your needs and priorities
  • Explain how California divorce laws apply in your case
  • Analyze the issues in your case to develop a strategy for obtaining the divorce terms you desire
  • Assist you in prioritizing the divorce terms that are most important to you
  • Work with you to protect your children and your parental rights
  • Hire leading expert witnesses to assist with your case as needed
  • Use mediation and negotiation to obtain a fair divorce settlement
  • Prepare your case for trial and advocate on your behalf if your spouse refuses to agree to fair divorce terms

You do not have to go through a divorce alone. We are here to help in Escondido, CA. Call San Diego Divorce Lawyers, APC, for a free consultation with an experienced Escondido divorce attorney.

Divorce cases begin when a spouse files a Petition for Dissolution of Marriage. A divorce is the legal process of terminating a marriage. The only grounds for divorce in California are irreconcilable differences and a spouse’s permanent legal incapacity.

The petitioner in a divorce case is the spouse who files for divorce. The respondent is the non-filing spouse. California requires one of the spouses to be a resident for at least six months before filing for divorce. You must be a resident of the county where you file for divorce at least three months before filing.

The divorce papers must be served on the respondent. Service means the respondent is given the divorce papers by an approved means of delivery. The respondent has 30 days to file an answer or other pleading with the court and serve a copy on the petitioner.

If your spouse does not respond to the divorce papers, you can ask the court to grant a default divorce decree. If your spouse files a response, the direction of your divorce case depends on whether you and your spouse agree on the divorce terms.

An uncontested divorce means the spouses agree on all divorce terms. They submit a proposed divorce settlement to the court for approval. If the spouses disagree on any issues, the case is placed on the court docket as a contested divorce.

Even though a divorce begins as a contested divorce, the parties may negotiate a settlement before trial. Many spouses use mediation and negotiation to resolve disputes to avoid a prolonged, costly trial.

What Issues Are Involved in an Escondido Divorce Case?

The issues in your divorce case depend on your situation. However, common matters that must be resolved during a divorce action include:

Child Support

Parents are expected to continue providing financial support for their children after they separate. They are also expected to continue caring for their children and participating in child-rearing responsibilities.

Child support is based on California’s Child Support Guidelines. The income of both parents, the number of children to be supported, and the time spent with each parent impact a parent’s child support obligation. Judges may deviate from the child support guidelines if it is necessary for the child’s support and well-being.

Child Custody

Child custody consists of legal custody and physical custody. Legal custody gives a parent the right to make decisions for their children. Physical custody refers to the child’s primary residence.

Courts prefer joint custody to allow both parents to maintain a close relationship with their children. Judges may grant sole custody to a parent if they deem the other parent unfit to have custody and sole custody is in the child’s best interest.

Parents are encouraged to develop a parenting plan and time-sharing agreement that is in their child’s best interest. The court may modify the agreement if it believes any terms are not in the child’s best interest. When parents cannot agree on custody terms, a judge decides what is in the child’s best interest for custody.

Child custody is based on the best interests of the child. California Family Code §3011 discusses the factors judgments must consider when deciding child custody cases.

Property Division

California is a community property state. Each spouse has an equal share in marital assets. With limited exceptions, all income and assets acquired during the marriage are considered marital property. Typically, marital property is divided equally between the spouses.

However, spouses may argue about the characterization of assets. A spouse may argue that some assets are separate property. Separate property is not subject to property division. 

Examples of separate property include:

  • Property purchased with separate funds
  • Property owned and money earned before the marriage
  • Inheritances and gifts received by a spouse individually
  • Assets and income acquired after the separation date

Spouses may disagree on the value of marital assets or how to divide the assets. If so, a judge considers the evidence and determines how to divide marital assets.

Prenuptial and postnuptial agreements may impact property division. The parties may agree on how to divide assets if they separate or divorce. A properly executed marital agreement is enforceable in court.

Many issues may complicate property division, including allegations of hidden assets and business interests. High-net-worth couples often own assets that may be difficult to value and divide. Our attorneys hire investigators, appraisers, forensic accountants, and other experts as necessary to assist with property division disputes.

Spousal Support or Alimony

There is no difference between alimony and spousal support. Both terms refer to financial support paid by one spouse to the other spouse during a divorce proceeding and/or after the divorce is granted.

Alimony is not a guaranteed right in California. A judge must determine whether a spouse needs financial support and if the other spouse has the ability to pay financial support.

Judges consider many factors when deciding whether to grant alimony, including:

  • The duration of the marriage
  • The age and health of the spouses
  • The training, earning capacity, education, and skills of each spouse
  • The value of the couple’s marital property
  • Whether a spouse sacrificed their potential to support their spouse’s career goals
  • The ability of a custodial parent to work without harming the child’s interests and well-being
  • A spouse’s contributions as a homemaker
  • Whether a spouse can earn income to maintain the standard of living they enjoyed during the marriage

Courts do not use alimony to punish a spouse for wrongdoing. However, judges may consider marital misconduct if it impacts a spouse’s ability to earn income or the spouse’s resources to support themselves.

California alimony laws define short-term marriages as lasting less than ten years. Generally, the duration of alimony for a short-term marriage does not exceed one-half of the length of the marriage. Judges could extend the alimony in short-term marriages for good cause.

Our Attorneys Handle All Aspects of Your Divorce Case

At San Diego Divorce Lawyers, APC, our lawyers have extensive experience handling matters related to divorces. 

Issues we can help you with include:

  • Dissolution of marriage
  • Alimony or spousal support
  • Child custody and child support
  • Pet custody
  • Domestic violence allegations
  • Grandparent rights
  • Property division
  • Military divorce
  • Judgment modifications
  • Paternity
  • LGBTQ divorce
  • Prenuptial and postnuptial agreements
  • Legal separation
  • Allegations of parental alienation and fitness

Regardless of the issues you are facing in your divorce, sound legal advice is your best option. Call us today to speak with an attorney to get answers to your questions about divorces in Escondido, CA.

Schedule a Free Consultation With Our Escondido Divorce Lawyers

Do you have questions about the California divorce process or need help with other family law matters in Escondido, CA? If so, call San Diego Divorce Lawyers, APC, for a complimentary consultation with an experienced Escondido divorce lawyer. Our legal team fiercely advocates for your rights and interests as we provide compassionate, trusted support and guidance.