How to File for Divorce

Guidance from a San Diego Divorce Attorney

The most important first step to take when you are thinking about filing for divorce is to contact an experienced, reputable family law attorney. An in-depth discussion of your circumstances, your concerns and your desires for the future with an experienced and skilled divorce lawyers is the appropriate starting point, whether:

  • You’re sure you want to file for divorce
  • You’re not sure whether you want to or should file for a divorce
  • Your spouse is planning to or already has filed divorce papers
  • You feel that a legal separation may be appropriate
  • You’d like to get an annulment of your marriage, or
  • You don’t know what the best course of action is

Annulment, Separation and Divorce

When one or both spouses feel that the marriage should end, a divorce may or may not be the appropriate option. For some people, an annulment is the best choice; for others, a legal separation is right. For still others, a divorce (dissolution of the marriage) is appropriate.

Regarding the annulment of a marriage, the Superior Court of the County of San Diego states:

[An annulment] can be filed by a married person to restore the parties to the status of unmarried persons, as if they were never married. Certain conditions must be met before the court will consider the marriage as void or voidable. …the Petitioner… will have the burden to prove to the court that one of the conditions for nullity has been met before the court will grant the nullity of marriage. The court can also issue orders regarding property and debt division, custody and support.

Regarding legal separation, the Superior Court of the County of San Diego states that:

[A legal separation] action can be filed by a married person who wishes to maintain the marital status but separate and resolve all other issues of the marriage . The court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or award community and separate property assets and debts. If the other party (Respondent) responds to the paperwork and requests a dissolution of marriage, the court will grant the dissolution of marriage.

How Can a Lawyer Help?

Decisions regarding divorce, legal separation and annulment are among the most important life choices that a person will ever make. Having a highly experienced San Diego family law attorney at your side, providing legal guidance and counsel, will ensure that the decisions you make are ones that you can live with. An attorney will look out for your best interests and will help you get through the process as quickly as possible so you can move forward with your life.

The Edmunds Law Firm has more than three decades of experience representing clients throughout San Diego County in a number of family law matters. We feel that our most important job is to give our clients all the information and tools they need to get through what may be the most difficult and emotional time of their lives.

Filing for Divorce in California

Filing for divorce (or a legal separation or annulment) in San Diego can be a complex and daunting process. No matter what stage you’re at in the process, The Edmunds Law Firm can help you. To schedule a consultation with a San Diego divorce attorney from our firm, please contact us today.