Oceanside Divorce Lawyer

Oceanside Divorce Lawyer

Do you live in Oceanside, California, and are considering getting a divorce? Were you recently served with divorce papers? If so, San Diego Divorce Lawyers, APC, can provide you with the compassionate legal support you need during this tough time.

Our family law attorneys have over 30 years of experience and include certified family law specialists. We can meet with you to discuss your particular case and potential outcomes. Contact us today at (619) 866-3756 for a confidential consultation with an Oceanside divorce lawyer.

How Our Oceanside Family Law Lawyers Can Help

How Our Oceanside Family Law Lawyers Can Help

Divorce is a complicated process. Even in the best scenarios, divorce can bring up complex emotions, including guilt, sadness, regret, and anger. It also involves important legal issues that can impact your life for years to come. 

When you are going through such an important transition in your life, you need a legal advocate you can lean on. An experienced Oceanside family law attorney from San Diego Divorce Lawyers, APC, can help you by:

  • Explaining California family laws and how they can impact your case
  • Offering legal advice based on your particular situation 
  • Identifying the various outcomes involved in your family law case 
  • Devising a legal strategy designed to accomplish your objectives 
  • Filing the necessary paperwork
  • Conducting discovery to ensure you have the information you need to make informed decisions about your case
  • Negotiating favorable outcomes for your case or litigating your case in court if a settlement isn’t possible

Let our Oceanside, CA, divorce lawyers guide you through this important time in your life. Contact us today for a confidential case review. 

What Do You Need to Prove to Get a Divorce in California?

California became the first state to offer no-fault divorces, beginning in 1969 after Governor Ronald Regan signed the Family Law Act of 1969 into law. In a no-fault divorce state, you don’t have to prove the other spouse did anything wrong to warrant the divorce. Instead, you allege either that you have irreconcilable differences, which have caused the irremediable breakdown of the marriage, or that your spouse has a permanent legal incapacity to make decisions. 

You or your spouse must also meet the residency requirements, which require that one of you has lived in California for at least six months and in the current county for at least three months. Also, you will be subject to a waiting period of six months before your divorce is finalized. 

Just as you learned all of the legal entanglements brought about by your marriage, divorce involves many legal issues required to disentangle you from each other, including the following:

Property Division 

During a marriage, you may accumulate significant assets that will need to be divided in the event of a divorce. As a community property state, California considers any property acquired during the marriage—through the time, effort, or skill of either or both spouses—to be community property. This includes assets, regardless of how they are titled. In a divorce, community property is typically subject to a 50/50 split between the spouses.

Your community property may include various types of property, including:

  • Real property, including your marital home, rental properties, or a vacation home 
  • Vehicles, boats, planes, and other items that have titles
  • Financial accounts, including bank accounts, money market accounts, and trade accounts
  • Retirement accounts, accrued retirement benefits, and pensions
  • Stocks and bonds
  • Deferred compensation, bonuses, and employment perks
  • Personal property, including furniture, jewelry, and art
  • Cash

Debt that was accumulated during the marriage is also subject to division, regardless of whose name is on the account. 

Property division can be complex. A spouse may claim that certain property is separate property, which means it is not subject to division. Prenuptial or postnuptial agreements may also be involved, which can avoid the default state laws. An experienced attorney can help properly identify, evaluate, and negotiate a fair property settlement. 

Child Custody 

There are two types of child custody in California: legal custody and physical custody. Legal custody is a parent’s right to make important decisions about their child’s life, such as decisions related to their health, education, and welfare. Physical custody is a parent’s right to spend time with and live with their child. 

Either form of custody can be sole or joint. Sole means that one parent has a particular custody right. Joint means the parents share custodial rights. If parents have joint legal custody, this means that both parents have the right to weigh in on important decisions regarding the child. 

If parents have joint physical custody, both have the right to have the child live with them. However, that does not necessarily mean that parents will get the exact same amount of time. Parents are responsible for reaching a parenting plan and establishing when each parent will have time with the child. 

California law states that it is generally best for children to have frequent and continuing contact with both parents. Parents are encouraged to design custody arrangements that allow children to spend quality time with both parents. If they are unable to reach a custody agreement, the court can determine custody based on what is in the child’s best interests by considering factors such as:

  • The child’s health, safety, and welfare
  • The nature of the relationship and contact between the child and each parent
  • A history of documented domestic violence
  • Drug or alcohol abuse
  • Parents’ mental or psychological issues
  • The child’s age and health 
  • The child’s ties to their school and community
  • The child’s stated preferences

The court can also consider the opinions and findings of a child custody evaluator. 

Child Support

In California, both parents are legally obligated to support their children. When parents are no longer together, courts can award child support so that children benefit from the financial contributions of both parents. 

California uses a specific formula to calculate child support. The formula considers each parent’s ability to pay child support and compares it to the amount of parenting time. Factors the court can consider when determining how much child support to award include:

  • The earnings of each parent
  • The number of children to support
  • Timeshare agreements
  • Each parent’s tax filing status 
  • Mandatory deductions
  • Childcare and uninsured healthcare costs

Family courts can also consider any other factors they deem relevant in assessing child support obligations. 

Spousal Support

California courts can order temporary or permanent spousal support when one spouse needs the financial support of the other. Temporary spousal support helps maintain the recipient spouse’s standard of living until the divorce is finalized. Courts can consider a few factors when determining whether to award temporary spousal support and how much, including:

  • The incomes of each spouse
  • Any relevant child support payments
  • The marketable job skills of the recipient spouse
  • Health insurance expenses

Permanent spousal support provides for continued support payments after the divorce is finalized. These payments help the recipient spouse maintain their standard of living even after the divorce is concluded. These payments can continue for life or a set number of months or years, depending on the circumstances. Courts consider various factors when deciding on permanent spousal support, including:

  • The supporting spouse’s ability to pay spousal support
  • The supporting spouse’s earning capacity, earned and unearned income, assets, and standard of living
  • The age and health of the spouses
  • The needs of each spouse
  • The extent to which the earning capacity of both spouses is sufficient to maintain the couple’s current standard of living
  • The extent to which the recipient spouse contributed to the education or training of the paying spouse
  • The extent to which the recipient spouse’s present or future earning capacity is impaired by periods of unemployment during the marriage to permit them to devote time to domestic duties
  • The value of the couple’s marital property
  • The duration of the marriage 
  • The ability of the recipient spouse to engage in gainful employment
  • The marketable skills of the recipient spouse
  • Evidence of domestic abuse
  • The tax consequences of alimony payments

If a recipient spouse becomes more financially independent in the future, the supporting spouse can petition the court to terminate support. 

What Is the Divorce Process in California?

While every divorce case is different, most involve the following steps:

  • Preparing a divorce petition
  • Filing divorce paperwork in the appropriate court
  • Serving the other spouse with the divorce paperwork
  • Sharing financial information 
  • Reaching an agreement regarding the material terms of the divorce 
  • Submitting an agreement to the court for approval

If you and your spouse have a contested divorce and cannot reach an agreement on how to resolve the contested issues, the court can decide. You may have to attend one or more hearings to present your case.

Contact Our Family Law Attorneys for a Confidential Case Review

If you are going through a divorce, you need an experienced lawyer on your side. An Oceanside divorce lawyer from San Diego Divorce Lawyers, APC, can discuss your case during a confidential consultation. Call us to get started.

Find out more about our office location. We serve in all cities near the San Diego, CA area, including: