Question 1

How long does divorce take in California?

Accepted Answer

California has a mandatory six-month waiting period from the date of service before a divorce can be finalized. Uncontested divorces often finalize soon after that six-month mark. Contested divorces routinely take twelve to twenty-four months, depending on the complexity of property, custody, and support issues.

Question 2

Do I need a lawyer for a divorce in San Diego?

Accepted Answer

You are not required to use an attorney. Many people file simple uncontested divorces without one. If your matter involves children, a house, retirement accounts, business interests, or an ex-spouse who has already hired counsel, working with an attorney will usually save you money and prevent orders you did not intend to agree to.

Question 3

How is child custody decided in California?

Accepted Answer

California family courts decide custody based on the best interest of the child, weighing factors such as the child's health, safety, welfare, the history of each parent's involvement, and the ability of each parent to provide a stable home. Custody has two parts: legal custody (decision-making) and physical custody (where the child lives). Either can be joint or sole.

Question 4

How much does hiring a family-law attorney cost?

Accepted Answer

My hourly rate is $300, and my retainer for a new case typically ranges from $4,700 to $7,500. However, the retainer could be lower depending on the situation, and I also offer discounts and payment plans. The total cost of a matter depends on complexity — an uncontested divorce usually stays inside the retainer; a contested custody trial does not.

Question 5

Where do family-law cases get filed in San Diego County?

Accepted Answer

San Diego County has four family-law courthouses: Downtown (Central), Vista (North County), El Cajon (East County), and Chula Vista (South County). Which courthouse hears your case depends on where the parties live and where the matter was originally filed. I appear regularly at all four.

Question 6

What is the difference between legal separation and divorce?

Accepted Answer

Both let you resolve custody, support, and property division through a court order. Divorce ends the marriage; legal separation does not. Some clients choose legal separation for religious reasons, for benefits eligibility, or when they want to preserve the marriage on paper while still separating their finances and parenting.

Brian Burkett

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