Marital Dissolution Attorneys Serving San Diego County
Kaspar & Lugay, LLP’s San Diego office is home to divorce attorneys who prioritize client service above all else. That means we tailor our services to what will work best in your case. Maybe your divorce can be handled through mediation or other out-of-court methods. On the other hand, you might need a lawyer who can aggressively protect your interests in court. No matter what, we’ll be by your side from beginning to end, working toward a positive outcome. Contact us today if you would like to set up a free consultation to talk about your situation.
Residency Requirements for Getting a Divorce in California
Before you can file for divorce in San Diego, you or your spouse must live in California for at least six months. Additionally, one of you must be a resident of the county where you plan to file for at least three months. If you don’t meet these requirements, you’ll need to put your plans on hold until you do. In such a situation, you could consider getting legally separated until one of you meets the residency requirements.
LGBTQ spouses do not need to meet these residency requirements. LGBTQ spouses can get divorced in California even if neither spouse lives here at the time of filing if:
- The marriage was entered into in California and
- Neither spouse currently lives in a state that recognizes same-sex marriage (if a state doesn’t recognize the marriage, it is assumed that the state will not dissolve it)
California Divorce Waiting Period
Your divorce cannot be finalized until at least six months after papers have been served. This is the case even if both spouses agree to an uncontested divorce and agree on everything related to custody, property division, etc. You will still be legally married during this six-month period and will need to file taxes jointly.
California Is a No-Fault State
There is no need to point fingers at each other and prove that someone did something wrong. California allows no-fault divorce, meaning that you only have to state that your marriage is no longer working – that the two of you have “irreconcilable differences.”
We Handle All Types of Divorce in San Diego
Our team of San Diego divorce lawyers has the skill and experience necessary to resolve any type of marital dissolution case, including:
- Uncontested divorce
- Military divorce
- LGBTQ divorce
- Intrastate or international divorce
- High net worth divorce
- Divorce for business owners, doctors, lawyers, engineers and other professionals
Resolving All Issues Related to Your Divorce
We are committed to resolving every issue that stems from the dissolution of your marriage. You can rely on our San Diego attorneys to protect your interests regarding important matters such as:
- Child Custody and child support
- Spousal Support (Alimony)
- Property and Asset Division
- Business interests
- Retirement accounts and brokerage accounts
- Enforcing or challenging a prenuptial or postnuptial agreement
Seeking the Best Resolution in Your Particular Case
Every couple is different and every divorce is different. Our San Diego divorce lawyers understand that, and we will pursue the type of divorce that works best for you:
- Mediation: This involves sitting down with neutral third-party known as a mediator to resolve conflicts out of court. The mediator facilitates conversations and recommends possible solutions, but does not get the final say. You do. Mediation is voluntary, except in child custody disputes; California courts require parents to go try to resolve custody issues in mediation before bringing them to court.
- Arbitration: Think of this as similar to a courtroom trial, but in private. You and your spouse argue your case in front of an arbitrator, who makes a decision based on the arguments. The arbitrator’s decisions are final.
- Collaborative divorce: This holistic method brings together spouses, attorneys, financial specialists, child specialists and psychological professionals in a team effort to reach an out-of-court solution that works for you and your family.
- Litigation: There is sometimes no substitute for going to court to assert your rights. Sometimes it’s because your spouse is combative. Sometimes it’s because you have a complex marital estate that needs to be sorted out. Whatever the situation, you can rely on our San Diego attorneys’ decades of divorce litigation experience.
Speak with an Experienced Family Law Lawyer Today
Kaspar & Lugay, LLP is one of Southern California’s premier family law firms. Our San Diego office handles cases ranging from highly complex divorces involving extensive financial concerns to simple no-child, no-property divorces. Please call 415-789-5881 or contact us schedule a free consultation with one of our lawyers.
