San Diego Divorce Trial Attorney

Divorce in California can be an emotional roller coaster. Issues such as spousal support, child support, child custody and the division of assets can be overwhelming. We are here to help and we understand this is perhaps the toughest period of your life. 

Divorce in California

A divorce in California is also called a "Dissolution of Marriage".  In order to obtain a divorce in California you must be legally married and meet California Residency requirements. There are numerous misconceptions as to how a divorce works and what you need to do.  Generally California requires a party to have lived in the State at least 6 months and to have been residing in the county where you intend to file for divorce, at least 3 months. If you do not meet the residency requirement there are potentially other options of which a competent California Attorney may be able to advise you.

Termination of Marital Status

Generally in California ones marital status cannot be terminated until at least six months and one day have passed. Quite often there are issues, such as child support, spousal support and divison of the marital property which may push the divorce proceedings out past the six month period. When this occurs bifurcation of the issues may be a viable option.

Military Divorce

A military divorce in California can create a number of unique issues that differentiate it from a "standard" California divorce:

Solders and Sailors Relief Act

BAH

Serving an Active Military Member

Residency and Filing Requirements

Uniform Services Former Spouse Act

Security Clearances

Military Pension

DFAS

We offer discounted rates to active military members and their spouses. Contact us today.

 Spousal Support (Alimony)

Spousal support is often called "Alimony". In San Diego County support can be requested while your case is ongoing and can be issued as a part of your final judgment. Some of the factors the Court will consider when making a spousal support order are as follows:

• The length of the Marriage or domestic partnership.
• The actual earning and the capacity of the parties to earn income.
• The age and the physical health of the parties.
• Whether there was domestic violence in the relationship.
• The tax impact of spousal support.
• Whether one spouse helped the other obtain an education or job skills during the marriage.
• Debts and property.
• Whether one spouses career was affected by unemployment while taking care of the children or home.

Order to Show Cause (OSC)

An Order to Show Cause (OSC) is a motion filed with the court requesting a court order. The requested relief can range from child support orders to permission to move out of state. Whether your issues are something that should be set on the courts regular calender for an order to show cause hearing or set for and Ex-parte hearing is best discussed with a California divorce attorney.