San Diego Divorce Lawyers 

Navigating the Divorce Process with an Experienced Attormey in San Diego County, CA

Divorce is a major emotional event that can happen for many reasons. Regardless of your circumstances, you need a qualified divorce attorney to help you navigate the process. Poor communication, frequent conflict, and infidelity often lead to divorce. Factors such as age, education, income, and religion can also influence outcomes. Even simple divorces can impact the entire family.

When facing divorce, legal support from a family law divorce attorney in San Diego provides a path forward. Our team at Claery & Hammond, LLP represents clients during many types of proceedings, including:

• Divorce Mediation
• Collaborative Divorce
• Contested Divorce
• Military Divorce
• Legal Separation

To speak with our experienced San Diego divorce lawyers, call us at (310) 817-6904 or contact us online today. 

How Our Divorce Lawyers in San Diego Can Help

A divorce lawyer provides clear guidance and helps streamline a complex legal process. Strict deadlines apply, and filings must follow California and local rules. If children are involved, issues like child custody and child support require careful negotiation. We guide families through mediation, empowering both parties to reach agreement on important terms that shape their future.

Our attorneys support each client with attention to their personal circumstances and unique goals. We also serve as mediators, encouraging constructive discussions and realistic outcomes. Throughout settlement negotiations, we safeguard your rights and seek fair results under the law.

Some couples need additional intervention to resolve disputes over visitation rights or alimony & spousal support. In these matters, a skilled divorce attorney offers effective representation in court proceedings and strives to resolve cases efficiently.

Our lawyers also address complex asset division issues. We advise on the fair distribution of real estate, financial accounts, and business interests while ensuring compliance with California community property law. This proactive, detail-oriented advocacy supports your long-term well-being after divorce.

We draw on local experience in San Diego to help you understand how court practices, such as filings at the San Diego Superior Court, and local cultural considerations may affect a case. From La Jolla to Chula Vista, our familiarity with the county’s diverse neighborhoods enables us to offer sensible advice for every family’s situation.

San Diego Divorce Laws & Considerations

California law requires an equitable division of marital property during divorce. As a community property state, California assumes assets and debts acquired during marriage belong equally to both spouses. Separation agreements or separate property claims can impact that division. Knowing how local rules apply helps you plan your next steps with confidence.

To file for divorce in San Diego, at least one spouse must live in California for six months and in San Diego County for three months before filing. Petitions go through the San Diego Superior Court, which follows set procedures and timelines. When preparing, organizing documents early can help avoid court backlogs and move your case forward faster.

Judges assess spousal support (alimony) using several factors, including each spouse’s earning ability, the marriage’s length, and financial need. An experienced divorce lawyer in San Diego can walk you through these standards and clarify how they may affect any support order.

Understanding the Cost of Divorce in San Diego

Many people want to know what divorce costs in San Diego. Fees depend on each case’s complexity, including whether there are contested issues surrounding property or child custody. Typical divorce costs include filing fees set by the San Diego Superior Court, legal counsel, document preparation, and sometimes, consultations with financial professionals. Uncontested divorce or unchallenged (uncontested) divorces usually cost less, while prolonged disputes can increase expenses. Costs vary between families, so we have candid conversations from the outset so you can budget. Our team helps you understand how fees may develop depending on your goals, and provides guidance about payment options if needed.

Timeline: What to Expect During the Divorce Process

Divorces in San Diego share a core series of steps but vary greatly based on individual circumstances. The process usually starts with one spouse filing a petition at the San Diego Superior Court, after meeting local residency rules. Both sides prepare financial disclosures and may need temporary court orders on support or custody. Negotiation or mediation can help families reach a workable settlement more quickly. If no agreement happens, the case moves to a court hearing for resolution. State law mandates a six-month minimum waiting period from the petition service date, but factors like property division and court scheduling can lengthen the process. When clients stay organized and communicate closely with their attorney, the path to final judgment is more predictable—and sometimes faster. The court’s calendar and holiday cycles may also influence the length of your case.

Navigating Child Custody & Support

Child custody and support represent two of the most sensitive issues in divorce. Courts focus on protecting the child’s best interest by weighing both parents’ relationships with the child, their ability to provide stable care, and any documented history of family conflict or violence.

Most custody and support hearings take place at the Family Law Courthouse in downtown San Diego. Local judges often review school information, parent-child routines, and recommendations from nearby social service agencies. If mandated, parents may attend court-ordered family law mediation designed to create practical custody plans before final orders are set.

A divorce attorney crafts parenting plans that clearly detail custody or visitation rights schedules. Our aim is to keep disruptions to a minimum, giving children continued support from both parents. Local courts generally favor practical cooperation while reserving litigation for cases where agreement cannot be reached.

Divorce Mediation & Collaborative Options

Mediation and collaborative divorce provide alternatives that often reduce conflict and cost. Mediation enables separating couples to work with a neutral third party, focusing on solutions in a less formal setting. Collaborative divorce brings each side’s attorney into group negotiations to support a cooperative outcome.

In San Diego, families can access court-based mediation programs and support groups committed to collaborative law. Many use these services to avoid drawn-out court battles, finalize settlement agreements, and preserve a civil relationship for the future. When mediation succeeds, parties submit a signed settlement directly to the court for review and approval, limiting the need for further hearings.

This process lets both spouses shape the final terms, instead of leaving them to a judge. Collaborative divorce, in particular, encourages transparency and fair dialogue, helping families resolve disputes efficiently and respectfully.

Frequently Asked Questions

What Is the Difference Between Legal Separation & Divorce?

Legal separation allows couples to live apart and manage issues like finances, property, and children without ending the marriage. Couples may choose this option for personal or religious reasons. Unlike divorce, legal separation keeps the marriage in place, so remarriage isn’t possible. Some treat it as a trial period before deciding whether to file for divorce.

How Does California's No-Fault Divorce Affect My Case?

California’s no-fault divorce policy means spouses do not need to prove wrongdoing to obtain a divorce. Most cite irreconcilable differences. The law shifts the focus to dividing assets and responsibilities fairly, which can reduce conflict and simplify the process.

How Long Does the Divorce Process Take in San Diego?

California divorce law requires a minimum waiting period of six months from the date the divorce petition is served. The process can extend beyond six months when parties have complex finances, unresolved custody issues, or difficulty reaching agreement. Good communication between both sides helps cases move faster.

Can I Modify a Child Support Order?

You can request a modification of a child support order in San Diego if you experience a major change, such as a shift in income, employment changes, or changing needs for the child. The court reviews evidence of substantial change before considering adjustments.

What Should I Bring to My Initial Consultation with a Divorce Attorney?

Bring key documents, such as pay stubs, tax returns, property records, and a current list of marital debts and assets. Sharing complete documentation helps your attorney give accurate advice and prepares you for the next steps.

To speak with our experienced San Diego divorce lawyers, call us at (310) 817-6904 or contact us online today.