Carlsbad Divorce Attorney
Helping Families Go Through Steps to Filing a San Diego Divorce
Divorce can be one of the most stressful and emotionally charged times of your life, but Beringer Law Firm strives to ease your burden with compassionate support and guidance. In addition, any Carlsbad divorce attorney from our firm will put our knowledge of California law on your side to help secure a favorable resolution for your divorce.
Whether advocating on your behalf in the courtroom or ensuring all paperwork is completed correctly, you will have step-by-step counsel throughout the process with our Carlsbad divorce lawyers.
At Beringer Law, we provide representation for the following types of divorce:
- Dissolution of a domestic partnership
- Contested divorce
- Uncontested divorce
- Military divorce
Our Carlsbad divorce attorney can be an invaluable asset if you plan to end your marriage or if your spouse has served you with a petition. They can help you determine the best options for handling the situation and reaching a favorable outcome in your proceedings.
Beringer Law Firm has over two decades of combined experience aiding families in overcoming the challenges in their divorces. Our certified family law specialists can also handle child custody, child support, spousal support, property division, and post-divorce modifications.
Requirements to File for Divorce in Carlsbad
According to California Family Code 2320, to file for dissolution (divorce) in Carlsbad, California, you must be a resident of the state for at least six months before filing your divorce petition. You must also be a resident of San Diego county, in which you are filing for at least three months before filing your divorce petition.
How Long Does it Take to Obtain a Divorce in CA?
It depends. The court will not terminate your marriage for at least six months after the responding party is correctly served with the petition or acknowledges receipt of the petition for dissolution.
In some cases, it is possible to obtain a judgment on all issues in less than six months and have the marriage terminated without returning to court once meeting the six-month requirement.
In other cases, it may take longer than six months, depending on the complexity of the issues in the case and the level of cooperation between the parties.
Can I Prevent My Spouse From Obtaining a Divorce?
Unfortunately, if you do not proceed with a divorce, your spouse can obtain one with or without your cooperation. Refusing to cooperate or intentionally delaying the proceedings will only increase the stress and costs associated with a divorce action and may even subject you to sanctions.
Grounds for Divorce in California
While many states have both no-fault and fault divorce options, California is a pure “no-fault” divorce state. “No-fault” state means that the courts do not use faults to determine the divorce or matters, such as property division, support, custody, and other family law matters.
For a couple to file for divorce in California, one or both spouses must claim “irreconcilable differences” which have caused the marriage to break down beyond repair. No proof is required for this, even if the spouses disagree.
Another reason to file for divorce in Carlsbad is “incurable insanity” per California Family Code Section 2310. While this is not often used due to a high burden of proof, it is an option.
How Long Must You Live in CA to be Eligible to Divorce?
Yes, in California, one of the spouses must be a state resident for at least six months before the couple can file for divorce. Furthermore, one of the spouses must have established residence for at least three months in the Carlsbad where that person will file the divorce.
What Happens if You Do Not Respond After Being Served for Divorce?
You have 30 days from the date of service to file your response. If you do not file and serve your response promptly, the other party may proceed by a “default” proceeding. If the court enters a default against you, the court will preclude you from participating in the proceedings. Only in limited circumstances will the court consider setting aside the default.
California Legal Separation vs. Divorce
The process is generally the same. For example, in a legal separation case, the court still has jurisdiction to make orders for custody, visitation, child support, alimony, and divide property and debts, but the court will not terminate the marriage.
Unlike divorce, both parties must agree to proceed as a legal separation.
You may want to consider filing for a legal separation if you do not wish to terminate the marriage for religious reasons or medical insurance coverage. However, if you proceed with dissolution, the state will terminate marital status at some point during the proceedings or at the time of judgment.
Alternatives to Divorce in California
In some instances, a divorce might not be the right option for the situation. California law recognizes annulment and legal separation as two ways to end a marriage without the need for divorce. Our Carlsbad family law firm can provide astute guidance on the next possible steps depending on the unique circumstances.
Your options for ending a marriage aside from divorce include:
- Annulment: An annulment means that the marriage was never legally valid, typically due to fraud, force, physical incapacity, existing marriage, the age when married, or unsound mind.
- Legal separation: Legal separation allows a couple to live separately but remain married. Aside from the inability to marry or enter into a domestic partnership, a legal separation is handled similarly to a divorce.
Count On Beringer Law Firm - Call Our Carlsbad Divorce Attorney Today!
At Beringer Law, our Carlsbad family law firm strives to make the divorce process as easy as possible for you. Our Carlsbad divorce lawyers have represented families through every step, from the first complimentary consultation through the completion of contested litigation.
Our seasoned divorce attorneys in Carlsbad, CA have experience handling divorce, annulments, legal separations, and all associated elements, including child support and property division. We strive to provide favorable resolutions cost-effectively.
To learn more, visit our FAQs page.