| Divorce Law
Going through a divorce in San Diego, or anywhere, can be a complex time. A divorce is the dissolution of the marital relation. Generally, along with a divorce the property will be divided up between the spouses and custody and visitation rights will be granted if children are involved. Depending on the parties involved, a divorce can be a very unfriendly and even nasty time with lots of fighting going on between the spouses. If you are facing a divorce it is probably in your best interest to retain an attorney you feel is capable to represent your interests well and fairly.
Divorce in California
To get a divorce in California and in San Diego, you must meet California's residency requirement. Along with a divorce, a judge may also grant child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, division of property, and other orders.
A legal separation is different from a divorce in that it does not end a marriage. If you are legally separated and not divorced, you can't marry someone else. A legal separation works well for couples that want to live apart but do not want to get divorced, and they want to decide on money, property, and parenting issues. There are no residency requirements to meet for a legal separation.
If your marriage was never valid for any number of reasons such as one spouse was too young to legally marry, one spouse was already legally married to another, or there was use of force, fraud or physical or mental incapacity, you may ask for an annulment. In an annulment the court says your marriage is NOT legally valid.
More information on the legalities of divorce may be found at the California Divorce information and Domestic Partner law info and the AOC Center for Families, Children & the Courts.
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