Santee Divorce Lawyer

Santee Divorce Lawyer

The decision to end a marriage is a serious one. Whether you are considering seeking a divorce or your spouse has sent you divorce papers, this is a significant transition. A divorce will make changes to your legal, financial, and personal affairs that may have consequences for years to come.

San Diego Divorce Lawyers, APC will represent your best interests throughout the process. This may include things such as protecting your financial future or preserving your parental rights. No matter your goals, we’ll do everything in our power to help you achieve them.

Our Santee divorce attorneys at San Diego Divorce Lawyers, APC have the skills and knowledge you need during this challenging time. Contact our office today at (619) 866-3756 to schedule a consultation with a member of our team.

How San Diego Divorce Lawyers, APC Can Help With Your Case in Santee

How San Diego Divorce Lawyers, APC Can Help With Your Case in Santee

Our Santee divorce attorneys have 30 years of combined experience in family law and can help you navigate a variety of issues that could arise in your case. Our attorneys include Certified Family Law Specialists, so you can trust that we have the skills and experience you need.

In addition, we have a compassionate and understanding approach that can be especially helpful during this stressful transition. At the same time, we’ll work hard to represent your interests effectively so that you can secure your desired outcome. 

Contact our law offices serving Santee, California, to learn more about how our experienced family and divorce lawyers can help you. 

Am I Eligible for Divorce in San Diego County?

There are two eligibility requirements for filing for divorce in San Diego County

One or both of the spouses must have a resident of:

  • California for six months before filing for divorce; and
  • The county in which they are filing for divorce for at least three months.

So, you or your spouse must have lived in California for six months and a resident of San Diego County for three months to file for divorce in San Diego County.

Deciding where to file for divorce can be complicated if one spouse and children live in another jurisdiction. An experienced California family law attorney can discuss the pros and cons of filing for divorce in San Diego County in your case. 

Our Santee Divorce Attorneys Can Handle All Types of Cases

Families can be complicated, and so can family law cases. Our attorneys can handle many different types of divorce and family law matters.

Common types of divorce that we regularly handle include:

Summary Dissolution

A summary dissolution is one of the simplest divorce options, but the parties must meet several requirements to use it. 

This option is typically available to couples who have been married less than five years and who don’t have children. The couple must also have community property valued at less than $53,000 (excluding vehicles) and agree on how to divide their property.

It may still be worth your time to at least set up a consultation with an attorney if you are considering a summary dissolution, just to make sure that it’s the appropriate option for you.

Uncontested Divorce

An uncontested divorce is similar in many ways to a summary dissolution, but it is generally a more involved process. If both parties agree to all the terms of the divorce, it is considered uncontested. The parties must agree to the division of assets, child or spousal support, and child custody arrangements. 

While the court will usually approve uncontested divorces, it’s a good idea to have an experienced family law attorney review your case and ensure that your interests are protected.

Contested Divorce

A contested divorce is when the parties are unable to agree on some or all of the issues in the case. This may include child support, custody, or the division of assets. 

The issues can be quite complicated in some cases. Any points of contention may be resolved through mediation or other similar means, or the court may decide them.

An Overview of the California Divorce Process

In general, the following steps will occur in your California divorce case:

  • File the divorce. One spouse files the divorce in court. The other spouse is officially informed of the divorce by being served divorce papers and has a chance to respond.
  • Share financial information. The spouse who filed the divorce must share their financial information with the other spouse. If the other spouse has filed a response, they must share their financial information with the filing spouse.
  • Decide terms of the divorce. The parties will try to reach an agreement about property, child support, custody, and any other terms that need to be resolved. The parties may negotiate through their attorneys, attend mediation, or have the court decide.
  • Finalize the divorce. After the parties submit their agreement to the court or attend a hearing to present their arguments, the court will issue a judgment that becomes the final, binding agreement in the divorce.

These steps will vary in every case. The stages may move quickly if the parties agree on most terms, or they could take longer if there are disputes. 

If the circumstances of one spouse change, or the parties reach a new agreement, terms like custody and child support may be changed by seeking modification of the judgment. This requires court approval. 

In the past, many states required one spouse to show that the other spouse was at fault to obtain a divorce. This is no longer the case. Now, a spouse may file for divorce based on one of the following grounds:

  • Irreconcilable differences. This means the relationship is broken and cannot be repaired.
  • Incurable insanity. If one of the spouses is legally insane, and this condition is not expected to improve, then the parties can obtain a divorce.

The majority of divorces are based on irreconcilable differences, which is the “no-fault” ground.  

How Is Property Divided in a Santee Divorce Case?

Under California law, most property that one or both spouses acquire during the marriage is considered community property. That means income earned by one spouse, regardless of who spends it, is considered property of both spouses. 

However, gifts or inheritances to only one spouse are not considered community property. Debts acquired during the marriage are usually community property.

It’s important to determine which property is community property, because all community property will be divided 50/50 in the divorce if a court decides.

The parties are able to agree to other terms, but a court will usually divide the property in this way. That’s why it’s important to have a skilled divorce attorney representing your best interests and helping to classify property as individual or community property.

Am I Entitled to Spousal Support After a Divorce in Santee, CA?

There are two types of spousal support in California: temporary support and long-term support.

Temporary Support 

Temporary support is given while the divorce is pending. You can apply for this support as soon as a divorce is filed. The court will determine the requesting spouse’s financial need and the other spouse’s ability to pay.

Long-Term Support

Long-term support, or permanent support, is the spousal support you’re probably familiar with. It was called alimony in the past. Spousal support is not awarded in all cases. However, if the marriage was long or if one spouse earned significantly more than the other spouse, then it may be awarded.

The court will consider one spouse’s ability to pay and the other spouse’s need for support. This may include whether the spouse applying for alimony has the education, training, and experience to continue to support themselves. The court will also consider their age and their ability to become self-sustaining in the future.

The court may begin a long-term spousal support determination with certain assumptions depending on the length of the marriage. If you and your spouse were married for less than ten years, the court will assume that spousal support can only last half the length of the marriage. For example, if you were married for six years, you could only be entitled to three years of support. 

How Are Child Custody and Child Support Issues Decided in California?

If the parties cannot agree on things like child support and custody, the court can make those decisions.

Child Support

In California, both parents have an obligation to support their children. California courts will consider the income of both parents and the time the children spend with each in determining the amount of child support to order.

Child Custody

The California courts generally assume that children should have frequent and continuing contact with both parents. If you don’t believe this is true, you must demonstrate that to the court. 

The guiding principle for a court in child custody decisions is “what is in the best interests of the children.”

Contact an Experienced Santee Divorce Lawyer To Arrange a Free Consultation Today

If you’re contemplating a divorce in Santee, CA, you may be facing some serious questions. Our experienced divorce attorneys are here to guide you through this significant change and protect your legal, financial, and familial interests.

Reach out to our office to discuss your case with one of our Santee divorce lawyers.