San Diego Family Law Attorney
Call For Your Case Evaluation
back of man looking up

California Divorce FAQ

If you're getting divorced, you most likely have countless questions about what you should do during the divorce process and how you can obtain your desired outcome. The San Diego divorce attorneys at Embry Family Law P.C. has put together a list of the most frequently asked questions we get from our clients. If you have additional questions, reach out to our legal team.

What Steps Should I Take Before Divorce?

Before going through the divorce process, you should gather and make copies of important information, and store them in a safe place. Some of the information you should collect includes:

  • Tax returns
  • Bank statements

  • Retirement account statements

  • Mortgage information

  • Any other important documentation

What Are the Divorce Filing Requirements in California?

To file for divorce in California, you need to be a resident for at least six months. You also need to be a resident of the county where you file for divorce for at least three months. Both spouses will need to provide information about their income and assets.

Should I File First?

There might be small advantages to filing for divorce first. For example, you might be able to handle your divorce process quicker than the other spouse since you filed for divorce first. However, it shouldn't directly impact the overall outcome of your divorce.

Do I Need a Divorce Attorney?

Divorce can quickly become complicated, especially if you're dealing with issues early on. For example, if you think that your spouse is hiding assets or you believe that there will be many disagreements, it will be helpful to have an attorney guide you. An experienced attorney can help you every step through the divorce, and they can help you achieve your desired outcome. If you need legal help, reach out to our San Diego divorce attorney.

How Long Does a Divorce Take?

The average length of divorce in California is six months. However, the length of your divorce will be influenced by the complexity of your case. If you and your spouse have disagreements, it can lengthen the divorce. California has a six month waiting period that starts when you or your spouse serve the divorce papers. The waiting period is intended to make sure that both spouses so want to go through with the divorce.

Can I Change Attorneys During a Divorce Case?

If you aren't happy with your current attorney, you can change. If you feel like your attorney isn't doing everything they can do for you, you should find an attorney who will. The attorney you choose can affect the outcome of your case, so you should change your attorney if you believe you aren't getting the representation or guidance you need to obtain the desired results.

How Is Property Split in California?

Under California community property laws, assets and debts spouses acquire during marriage belong equally to both. However, some couples can come up with an agreement for property and debt division. It is vital to determine which assets and debts are marital or separate before you start the divorce process. You also need to find the value of the marital property and decide how to divide it. If you and your spouse can't decide, the court will decide how to divide the property.


Need Legal Guidance? Call Our San Diego Divorce Attorneys!

If you’re getting divorced, you need an experienced divorce attorney on your side. The San Diego divorce attorneys at Embry Family Law P.C. are here to help you through this difficult time. Our legal team is highly skilled, experienced, and knowledgeable in all things related to family law. From beginning to end, our team will handle your case with care and will help you achieve your desired outcome.


Get in touch with our San Diego divorce lawyers today at (619) 485-6476 to schedule a free consultation!