San Diego Divorce Lawyer
Representing Clients in San Diego County, Including Del Mar, Rancho Bernardo, Escondido, Carlsbad, & Oceanside
If you are filing for divorce, you deserve personalized representation and treatment. Every divorce is different based on family dynamics and individualized circumstances. At The Law Offices of Nadine M. Sayegh, we take the time to get to know you, your situation, and the issues related to your case. We will discuss the process, what the law says about the issues, how the courts operate, and what your desired outcomes for your case may be. As your representative, we will ensure you have the information and counsel you need through every phase of the proceedings and will be by your side from start to finish.
Divorce is an emotional experience for most people. It is the legal severing of your most intimate and personal relationship and can involve every aspect of your private life, from your bank accounts to your home, your children, your pets, and more. You may have only one chance to get it right for all these issues which is why it is critical that you have a proven and trusted attorney protecting your interests. With our Family Law Specialist on your side, you can be confident that your case will be handled with the utmost care and professional integrity.
Divorce in California
Divorce in California is based on the “no-fault” legal concept. This means that you are seeking a divorce because of the irrevocable breakdown of your marriage through irreconcilable differences. In this type of divorce, neither party needs to prove the marital misconduct of the other. Either spouse can seek a divorce whether the other party wants it or not.
While this legal basis for divorce seems simple, it only remains uncomplicated if both parties agree on all related issues. Where they cannot agree, the divorce becomes contested and must be resolved either outside of court through negotiation or mediation or in court at trial.
These divorce issues include:
- The division of marital property and debt. In California, marital property is considered to be owned equally by both parties and is designated as “community” property. This means it will be divided on a 50-50 basis or as close to that as possible unless an existing and valid prenuptial or postnuptial agreement is in effect that pre-determined the matter.
- Child custody and visitation. This issue is based on the best interests of the child and is granted on a shared or sole parental basis for making important life decisions concerning the child and for the right to have the child reside in your home.
- Child support. Parents owe financial as well as emotional support to their children. California provides guidelines for the calculation of this financial support.
- Spousal support/alimony. This is decided on a case-by-case basis. We can help you seek or contest an alimony award, modify its terms in a post-divorce situation, or enforce it through court action.
You or your spouse must have lived in California for a minimum of six months before filing for divorce. You also must have lived in the county where you are filing for a minimum of three months. Once your divorce petition is filed, you are subject to a six-month waiting period before the divorce can be finalized.
California provides a simplified divorce process under certain conditions. This process usually does not require that you appear before a judge. You and your spouse must submit a settlement agreement to the court along with other filings and forms. Qualifications for this include being married for less than five years, having no children, no real estate, and limited assets and debts. Our firm can assess your situation to determine if you are eligible and help you with the necessary paperwork for this process.
Put proven expertise and client care on your side. Call The Law Offices of Nadine M. Sayegh at (858) 834-1499 for a confidential consultation with our San Diego divorce attorney or contact us online to get started.
“She's a shark in the courtroom and one who you would like to represent you!”
Call us today at 858-834-1499 or fill out our form to schedule a consultation with our experienced, caring and compassionate legal team.