San Diego, CA
Best Divorce Lawyers San Diego, CA Of 2024
The process of officially ending a marriage in California requires specific steps. Below, we provide detailed information about the various aspects of the state’s divorce process.
California Divorce Requirements
Each state has its own divorce eligibility criteria. If you’re considering a divorce in California, you must meet these specific criteria:
- Residency requirement. You or your spouse must have been a resident of California for at least six months and of the county where you’re filing for the past three months.
- Legal separation. In California, you can opt for legal separation, which decides property division, debts, financial support and child custody and visitation without dissolving the marriage itself.
- Filing for divorce. To start the divorce process, you need to initiate a court case. This involves completing and submitting specific forms to the county court.
Types of Divorce and Separation in California
California offers a variety of options for married couples looking to end their marriage.
- No-fault divorce. As a no-fault divorce state, California doesn’t require you to prove your spouse is at fault to get a divorce. You can obtain a divorce even if your spouse doesn’t agree to it.
- Uncontested divorce. This is a quicker and easier process where both spouses agree on all key issues like property division, child custody, support, and finances.
- Contested divorce. If you and your spouse can’t agree on one or more issues, the divorce becomes contested. These cases are often more complex, expensive and time-consuming, potentially requiring mediation, arbitration or trial to settle.
- Legal separation. You can choose to live separately and divide assets and debts without officially ending the marriage. This option is sometimes chosen for religious reasons or to maintain benefits such as health insurance. Legal separation in California can also serve as a preliminary step before divorce.
- Summary dissolution. This simplified divorce process is for couples married for less than five years, without children, and with minimal assets and debts. In this type of divorce, neither spouse can request spousal support and the couple must agree on asset and debt division.
- Annulment. An annulment declares that a marriage was never legally valid due to reasons like fraud, bigamy or force.
- Domestic partnership termination. Registered domestic partners in California can end their partnership by filing a Notice of Termination or dissolution.
These options mean you can choose the path best suited for your situation. The no-fault approach in California simplifies the divorce process by eliminating the need to prove wrongdoing by either party.
Child Custody, Support and Visitation in California
California prioritizes the child’s best interests when making custody, support and visitation-related decisions.
- Child custody. You and the other parent have equal rights to custody. If the other parent is unable or unwilling to take custody or has abandoned the child, you can seek sole custody. California recognizes two types of custody.
- Legal custody. This involves the right to make decisions about the child’s welfare, health and education. While sole legal custody allows you to make these decisions independently, joint legal custody gives the other parent an input in decision-making.
- Physical custody. This pertains to where the child lives. Sole physical custody means the child lives primarily with one parent and does not spend time with the other parent, while joint physical custody means the child splits time between both parents.
- Child support. Child support covers the child’s basic needs and is calculated using a state formula that considers both parents’ incomes, the amount of time spent with the child and other factors.
- Visitation. If you spend less than half the time with the child, you have visitation rights. However, if the court finds that visitation would harm the child’s physical or emotional well-being, it may be restricted or denied.
Property Division in California
As a community property state, California mandates that property, assets, income (including things bought with that income), retirement benefits and debts incurred during your marriage be split equally upon divorce. For instance, if you buy a car with income earned during the marriage, that car becomes community property, even if it’s only in your name.
However, some exceptions exist. Assets or debts you acquired before the marriage or after separation, as well as gifts or inheritances you received individually during the marriage, are considered your separate property and not subject to division.
Regarding alimony or spousal support in California—the court may award alimony to the lower-earning spouse after divorce to cover their monthly expenses till they become self-sufficient.
California recognizes two forms of alimony:
- Temporary spousal support. The judge may require the higher-earning spouse to pay temporary spousal support, which is aimed at maintaining the living standards of the lower-earning spouse while the divorce is pending. This support typically lasts until the divorce is finalized.
- Long-term spousal support. Long-term spousal support, on the other hand, is determined at the time of finalizing the divorce. The court considers a host of factors like your age, health, future earning capacity, contributions to your spouse’s education or career and any history of domestic violence. The aim is to provide financial assistance until the lower-earning spouse becomes self-sufficient.
The duration of spousal support isn’t mandated but is often expected to last for about half the length of the marriage, except in long-term marriages. For example, in a four-year marriage, you might receive or pay alimony for two years, but in a 30-year marriage, the duration varies based on individual circumstances.
Spousal support ends if the recipient remarries or if either spouse passes away.
Filing and Serving Your Divorce Papers
To start a divorce or legal separation in California, you need to fill out two main court forms: the Petition (Form FL-100) and the Summons (Form FL-110). If you have children or are seeking spousal support, you need additional forms. All required forms are available on the California Courts website or at your local courthouse.
After filling out the forms, file them at your local courthouse. You can do this in person, by mail or, in some cases, through e-filing. Filing fees are typically between $435 and $450, but if you’re facing financial challenges, you can apply for a fee waiver.
Once you filed the documents, an adult (other than yourself), known as the server, must serve the papers to your spouse. The server then needs to complete the Proof of Service form (FL-115) and return it to the court, verifying that your spouse has received the documents.
Finalizing Your Divorce
In California, completing a divorce includes a mandatory six-month waiting period, starting from when your spouse is officially served with the divorce papers. This period is intended to provide time for you and your spouse to reconsider and possibly reconcile.
After you submit the final form, you have the option of reaching a settlement. If you cannot, you will have a trial and the judge will decide all the issues in your divorce. Once a settlement or judgment is reached, the judge grants the divorce.
San Diego, CA
Man fatally struck by hit-and-run vehicle in San Diego
A man in the Mission Bay Park community of San Diego was fatally struck Sunday morning by a hit-and run vehicle, authorities said.
The victim was also struck by a second vehicle and that motorist stayed at the scene to cooperate with officers, the San Diego Police Department reported.
The initial crash occurred at about 2:20 a.m. Sunday in the area of West Mission Bay and Sea World drives.
The pedestrian was in the southbound lanes of the 2000 block of West Mission Bay Drive when he was struck by a silver vehicle also in the southbound lanes. That vehicle fled the scene, continuing southbound, police said.
A 28-year-old man driving his vehicle southbound ran over the downed pedestrian.
“That driver remained at the scene and is not DUI,” according to a police statement. “The pedestrian was pronounced deceased at the scene.”
Anyone with information regarding the initial crash was urged to call Crime Stoppers at 888-580-8477.
San Diego, CA
Here are the 9 San Diego County communities that set or tied heat records
San Diego County is known for having wet, cold weather in February. But it had numerous hot spells this year. And when the month ended on Saturday a high pressure system produced heat that broke or tied temperature records in nine communities from the desert to the sea, the National Weather Service said.
The most notable temperature occurred in Borrego Springs, which reached 99, five degrees higher than the previous record for Feb. 28, set in 1986. The 99 reading is also the highest temperature ever recorded in Borrego in February.
Escondido reached 95, tying a record set in 1901.
El Cajon reached 92, three degrees higher than the record set in 2009.
Ramona topped out at 88, five degrees higher than the record set in 2009.
Alpine hit 88, four degrees higher the record set in 1986.
Campo reached 87, four degrees higher than the record set in 1999.
Vista hit 86, four degrees higher than the record set in 2020.
Chula Vista reached 84, one degree higher than the record set in 2020.
Lake Cuyamaca rose to 76, four degrees higher than the record set in 1986.
Forecasters say the weather is not likely to broadly produce new highs on Sunday. Cooler air is moving to the coast, and on Monday, San Diego’s high will only reach 67, a degree above normal.
San Diego, CA
Francis Parker captures Open Division girls basketball title
OCEANSIDE — The Frontwave Arena scoreboard showed 23 seconds remaining in the fourth quarter. Up 16, Francis Parker’s win over Westview High School for the CIF San Diego Section Open Division girls basketball championship was secure.
“No, no, no!” Parker head coach Courtney Clements screamed to freshman guard Jordan Brown, telling her there was no need to score.
So Brown walked the ball up the floor, from the backcourt, across midcourt, a 1,000-watt smile etched across her face.
With no Wolverines defending her, Brown dribbled from side to side across the logo. Then, a fraction of a moment before the final buzzer sounded, Brown flung the basketball high toward the rafters, then was engulfed by teammates.
The job was complete. Parker’s first Open Division title in program history was secure, the final reading 66-50 on Saturday night.
Of those final seconds, said Brown, who scored 23 points. “It was a surreal moment, knowing we worked for this all year long. It’s amazing.”
One reason it was amazing was because the top-seeded Lancers (21-7) were a decided favorite, but were stressed by the sixth-seeded Wolverines (20-9). Led by UC Santa Barbara-bound senior guard Sarah Heyn (18 points in the first half), Westview led 35-28 early in the third quarter.
“I just knew I had to do whatever it took to win,” said Brown. “Whether that was defense or offense. I just wanted to win, period.”
Sparked by its defense, Parker closed the quarter on a 14-0 run. Westview’s final 11 possessions of the quarter ended with five missed shots and six turnovers.
Still, the game wasn’t over. Heyn cut the deficit to 48-44 with just over six minutes to play on a bucket. But with 5:47 to play, Heyn was whistled for her fifth foul on a reach-in.
“Knowing their best player fouled out, we sealed the win,” said Brown.
As for Heyn, who finished with 23 points, she sat on the bench and pulled her jersey over her eyes, hiding tears.
Clements’ thoughts when Heyn fouled out? “I hope we can put this game away now.”
That the Lancers did, outscoring Westview 18-6 down the stretch.
The Lancers’ players and coach were effusive in their praise for Heyn, a four-year starter.
“She’s a great player,” said Brown.
“She played phenomenally,” said Clements. “She played the way you would think a senior would play in a championship game. She played desperately. She played every possession like it was the last 20 seconds of the game. She was extremely impressive. (Heyn buried five 3s, missing only once from deep.) She should be proud of herself.”
Clements was proud of her team for another reason. After blowing out two-time reigning Open Division champion Mission Hills by 26 in the semis, some thought Parker might cruise in the title game.
“I figured it was going to be a fight, and it was,” said Clements. “It was good that our girls had to come together, had to stick together. That’s what this is all about, developing character via the sport of basketball. When the kids face adversity, they have to make a decision. Who do they want to be? They showed the best version of themselves. That’s what I want to remember from a game like this.”
Francis Parker’s primary color is brown, which is fitting for the girls basketball team. They are led not only by the freshman Jordan Brown, but also junior Brieana Brown, a strong, aggressive and athletic 5-foot-11 wing.
Brieana Brown scored 25 points and yanked down a team-best eight rebounds.
About the team in brown being led by the Browns (who are not related), Jordan Brown said: “It’s super cool. I love Bri and our story. So many people think we’re related, that we’re siblings. In reality, we’re not, but we play like it.”
Francis Parker and Westview both will advance to the Southern California Regionals.
Earlier in the season, Clements — who was dressed in all black for the championship game — confessed she wasn’t crazy about Parker’s primary color. Her mood shifted Saturday night.
“Brown’s doing well for me now,” she said.
Asked if Lancers’ Brown squared tandem represents the best one-two girls basketball punch in the San Diego Section, Clements gave the questioner a “What do you think?” smirk.
“That,” said the coach of the Open Division champions, “is a no-brainer.”
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