Questions Chula Vista clients ask about divorce

No. California is a no-fault state. The only ground you need is irreconcilable differences. Fault does not affect property division, although domestic violence can affect spousal support and custody.

At least six months from the date the petition is served, under Family Code Section 2339. An uncontested divorce can be finalized soon after that. Contested cases involving property, support, or custody disputes commonly take a year or more.

One spouse must have lived in California for six months and in San Diego County for three months before filing there. If you don't yet qualify, you can file for legal separation and amend to divorce later.

California is a community property state. Property and debts acquired during the marriage are generally divided equally. Property owned before marriage, or received by gift or inheritance, is separate. Tracing and characterizing assets is where most disputes happen.

It depends on the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and the factors in Family Code Section 4320. Temporary support during the case is usually formula-based; long-term support is decided on those factors.

The community interest in the house is divided like any other asset. One spouse can buy out the other, the house can be sold, or in some cases a deferred sale is ordered so children can stay in the home. The right answer depends on equity, income, and the parenting plan.

By a statewide guideline formula based on each parent's income and the percentage of time each parent has the children. The court can deviate in limited circumstances. Custody time and support are closely linked.

Yes, and it's the least expensive path. If you and your spouse agree on property, support, and custody, we draft a marital settlement agreement and judgment and you may never appear in court. Even in agreed cases, independent advice protects you from signing away rights.

Chula Vista residents file in San Diego County Superior Court. Family law cases are heard at the San Diego Central Courthouse (Family Law), 1100 Union Street, San Diego, CA 92101.

The court filing fee is set by the state, and attorney fees depend on how much is contested. An agreed divorce costs a fraction of a litigated one. We give you a realistic range at the consultation and keep the case proportional to what's at stake.

Both divide property and set support and custody. Legal separation leaves you married, so you can't remarry, and it doesn't require the six-month wait or the California residency period. Some spouses choose it for religious, insurance, or timing reasons and convert to divorce later.

Everything earned or acquired after the date of separation is separate property, and the length of the marriage (which drives spousal support) is measured to that date. Under Family Code Section 70 it's the date one spouse expressed an intent to end the marriage and acted consistently with it. It is one of the most fought-over facts in a Chula Vista divorce.

The portion earned during the marriage is community property and is divided, usually by a separate court order called a QDRO that tells the plan how to split it without tax penalties. Getting the QDRO wrong, or forgetting it, is one of the most common and expensive mistakes in a do-it-yourself divorce.

Both spouses must disclose every asset and debt under penalty of perjury. If a hidden asset is found later, the court can award the entire asset to the other spouse (Family Code Section 1101) and reopen the judgment. We use subpoenas, forensic accountants when warranted, and the disclosure rules themselves to find what's missing.

Yes. A domestic violence finding creates a presumption against custody for the abusive spouse (Family Code Section 3044), can reduce or eliminate that spouse's spousal support, and can be addressed with a restraining order in the same San Diego County family court, often at the first hearing.