Divorce Attorneys in San Diego, CA

Over 10 Years of Experienced Legal Representation On Your Side

When going through a divorce in San Diego, it's important to have an experienced divorce attorney on your side. Understanding the nuances of California divorce laws can be overwhelming, and professional guidance is invaluable in ensuring a fair outcome. A divorce attorney can help protect your rights, ensure that your property is divided fairly, and help you navigate child custody.

If you’re considering filing for divorce, or if you’ve already been served with divorce papers, it’s important to speak with a San Diego divorce lawyer from Embry Family Law P.C. as soon as possible. With compassionate care, our team provides a steady hand and clear communication to ease clients through each phase of the divorce process.

Ready to speak with an accomplished divorce attorney in San Diego? Call us today at (619) 485-6476 or contact us online.

Compassionate Legal & Emotional Support - Serving Clients Beyond the Courtroom

When couples decide to file for divorce in San Diego, they are rarely prepared for the complexity of ending a marriage and the magnitude of emotions that surround the process. At Embry Family Law P.C., our San Diego divorce lawyer understands that taking the next step can be frightening. 

If you’re facing a divorce, you need a legal team of divorce lawyers who can understand how stressful this process is and will work on making it less stressful, when possible. In addition, our lawyers understand the emotional and financial responsibility. We strive to minimize conflict and focus on resolving issues quickly and efficiently to protect your interests.

Is It Worth Getting a Divorce Lawyer?

You should hire a divorce lawyer when you are dealing with specific circumstances. Hiring an attorney would be your best option if you are:

• Involved in abuse
• Your spouse is being vindictive or lying about situations
• There is another attorney on retainer - thanks to your spouse
• If the divorce includes children or has complicated financial matters

You might assume you can handle your divorce proceedings without legal counsel, especially if you and your soon-to-be ex-spouse are on somewhat civil terms. While it is quite possible to discreetly negotiate the terms of your divorce with your ex-spouse, hiring a divorce attorney is an asset in peace of mind and an additional layer of security guarding your interests in divorce proceedings.

In addition, your San Diego divorce lawyer can provide valuable legal direction, handle your administrative responsibilities, and help you explore alternative conflict resolution if possible. Finally, hiring a divorce attorney implies you will have a professional legal advocate who can confirm that your divorce proceedings are moving in a positive direction. This support can be particularly beneficial when unexpected legal issues arise, necessitating expert negotiation skills.

Please contact our San Diego Divorce Attorney at (619) 485-6476 to schedule a consultation. 

Our Divorce Lawyers in San Diego Provide Effective Legal Representation For Every Situation

No two divorce situations are ever the same. Our San Diego divorce lawyers take the time to listen to your story and craft a plan tailored to your situation. We believe in personalized service, ensuring that every client's unique needs are addressed appropriately.

Our attorneys take a client-centered approach, advocate for our clients, and guide them through the process with care and compassion. Whether dealing with high-conflict situations or seeking amicable resolutions, our team is equipped to handle diverse scenarios to facilitate the best possible outcomes.

Our San Diego divorce lawyer guides clients through areas of specific concern, including:

• High net worth divorces – We understand the complexities and intricacies of asset division and reputation protection for couples with high net worth. Our divorce lawyers take the necessary precautions to maintain privacy and preserve public reputations. Through careful planning and strategic negotiations, we aim to secure an equitable division of property and investments.
• Military divorces – Specific processes are in place to help members of the military navigate the divorce process in San Diego. We are experienced in military divorces, understand the intricacies involved in military divorce and pension issues, and can help you get a “stay of proceedings” under the Civil Relief Act. We assist in bridging the unique challenges faced by military personnel in divorce settlements.
• Same-sex divorce & custody – Now that same-sex marriage is legal at the federal level, same-sex couples may find themselves requiring divorce representation right here in San Diego, CA. Issues related to community property can be complex, as couples may have been together for many years before they got married, acquiring property and investments over the years. Our lawyers are adept at navigating these complexities with sensitivity and precision.

Our San Diego-based divorce lawyers understand the long-term effects divorce can have on your life. The divorce process affects every aspect, including your home, finances, friendships, insurance, and more. We are committed to providing comprehensive legal strategies to protect and prioritize your future.

Our compassionate San Diego divorce lawyers ask you to share all the information related to your divorce so that we can develop an effective strategy to help you achieve your goals and minimize the negative impact on your life. Open communication is encouraged to ensure that all client concerns are addressed thoroughly and efficiently.

To speak with our experienced San Diego divorce lawyers, give us a call at (619) 485-6476 or contact us online today. 

Understanding the Divorce Process in California

Going through a divorce can be a complex and emotional process, especially when navigating the legal requirements in California. Our experienced San Diego divorce lawyers are here to guide you through the entire process and provide effective legal representation for every situation. We offer detailed support to help ease the stresses associated with such significant life changes.

Key aspects of the divorce process in California include:

• Residency Requirements: Understanding the residency requirements for filing for divorce in California is crucial. Our team can provide clarity on the specific requirements and how they may apply to your situation. This helps in setting realistic timelines and expectations for divorce proceedings.
• Filing for Divorce: We can walk you through the necessary steps and paperwork involved in filing for divorce in San Diego, ensuring that all legal requirements are met. Proper document preparation is essential to avoid delays and create a clear path toward resolution.
• Waiting Period: California does have a waiting period after filing for divorce, and our attorneys can explain how this may impact your case. Understanding this timeframe can help you plan the next steps in your legal journey effectively.
• Legal Separation: If you are considering legal separation as an alternative to divorce, we can explain the process and its implications. This option might suit couples not fully ready for a final divorce decree but needing legal boundaries.
• Divorce vs. Annulment: Understanding the differences between divorce and annulment can be important in determining the best course of action for your situation. Each presents unique advantages depending on individual circumstances.

At Embry Family Law P.C., we are committed to providing comprehensive support and guidance throughout the divorce process, ensuring that your rights are protected and your best interests are represented. Our goal is to alleviate as much of the burden as possible, allowing you to focus on future opportunities.

Child Custody & Support in San Diego

Addressing child custody and support is a pivotal part of divorce proceedings. At Embry Family Law P.C., we understand that these decisions can significantly affect the future of your children. Our divorce attorneys in San Diego work diligently to develop custody arrangements that uphold the best interests of the child while considering parental rights and responsibilities.

With California's approach focusing on the welfare of the child, it's vital to understand local family laws and how they may impact your case. We assist in developing equitable child support arrangements that reflect the financial realities of both parties, ensuring your family's needs are sustainably met.

Property Division in San Diego Divorces

Property division can often become a contentious area in a divorce. California's community property laws require equitable distribution of marital assets, which can include homes, vehicles, businesses, and debts. At Embry Family Law P.C., our team strives to make this process transparent and fair, considering all relevant factors and future financial needs.

Our attorneys assist in identifying distinguishable personal property from marital property, ensuring each client retains assets rightfully theirs before entering the marriage. Our commitment is to facilitate clarity and fairness, preventing unnecessary conflicts and promoting amicable resolutions.

To speak with our experienced San Diego divorce lawyers, give us a call at (619) 485-6476 or contact us online today. 

Filing for a Divorce in San Diego

The following chronology gives a general idea of how the average divorce process proceeds in San Diego, CA.

Your divorce may be a little different because of specific issues between you and your spouse.

• To start off the divorce, one of the spouses gets a lawyer, who writes up a Petition, a legal document that officially says the spouse wants a divorce (and sets forth certain statistical information).
• The lawyer files the Petition with the court.
• The lawyer makes sure that the Petition is served on the other spouse together with a Summons that requires that spouse’s response.
• The served spouse has to answer within a certain time (30 days after service). The answer (also called a response) says whether or not the served spouse agrees with the petition. If he or she doesn’t answer the petition by filing a Response, then the San Diego court assumes that he or she agrees with the petition and does not want to litigate the issues. The Response indicates how the served spouse would prefer to deal with the divorce issues.
• The couple exchanges documents and information on issues such as property and income. By examining this information, the couple and the court can decide how to divide up property and how to deal with child support and spousal support (also called alimony).
• Sometimes, the couple can voluntarily resolve all their issues through mediation or settlement.
• If a settlement is reached, the settlement agreement is prepared and submitted to a judge for signature. If the agreement is reached orally in court, the parties will be asked “on the record” in court whether each party understands and chooses to agree legally binding. The written settlement agreement shows the specific terms of what the couple agreed to. Once signed by a judge, it becomes part of the Judgment of Dissolution (also called a divorce decree).
• If no Response is filed and there is no settlement agreement, then a default is taken against the non-answering spouse. A proposed Judgment is sent to a judge for review. Typically, an informal hearing is scheduled where a San Diego judge will ask a few basic factual questions before approving the Judgment.
• If the judge approves the agreement or the proposed judgment, he or she gives the couple a Judgment of Dissolution that shows the terms of how the issues are being resolved.
• If a Response has been filed and the couple does not reach an agreement, the divorce case will go to trial.
• At trial, attorneys present evidence and arguments for each side, and a judge decides the unresolved issues. Once the judge has reached his or her decision, the judge grants the divorce.
• Either or both spouses can appeal a judge’s decision to a higher court. But it’s unusual for an appeals court to overturn a judge’s decision in divorce cases. Also, remember that settlements usually cannot be appealed if both spouses agree to their terms.