Filing for divorce is one of the most significant decisions a person can make. Whether you’ve been married for years or just a short time, understanding the divorce process in San Diego can help you prepare emotionally, financially, and legally. California’s divorce laws can be confusing, and grow even more complicated depending on the length of marriage and how many assets are shared.
The Law Offices of Alexandra McIntosh can explain to you the step-by-step process of filing for divorce in San Diego County, including residency requirements, paperwork, costs, timelines, and how an experienced family law attorney can help protect your rights throughout the process.
Step 1: San Diego Residency Requirements and Grounds for Divorce
Before you can file for divorce in San Diego, you must meet certain eligibility requirements under California law.
Understand California No-Fault Divorce Laws: Irreconcilable Differences Explained
California is a “no-fault” divorce state, which means you don’t need to prove wrongdoing by your spouse. The most common legal ground for divorce is “irreconcilable differences,” which means the marriage has broken down beyond repair. This allows couples to focus on resolving key issues, such as property division, custody, and support, without assigning blame.
San Diego County Residency Requirements for Divorce Filing
To file for divorce in San Diego County:
- At least one spouse must have lived in California for the past six months.
- That spouse must also have lived in San Diego County for at least three months before filing.
If you do not meet these residency requirements yet, you can still file for legal separation and later amend the petition to divorce once you meet the time requirements.
Difference Between Legal Separation and Divorce in San Diego
A legal separation allows couples to live apart and divide property, but the marriage remains legally intact. This may be appropriate for couples who wish to separate financially without officially dissolving the marriage due to religious or insurance considerations. Divorce, on the other hand, permanently ends the marital relationship.
Step 2: How to Prepare and File Divorce Papers in San Diego
Filing the correct paperwork is the first official step in starting your divorce case.
Completing the Petition for Dissolution and Summons (FL-100 & FL-110)
The primary documents needed are:
- Form FL-100 (Petition for Dissolution of Marriage), which outlines basic information about your marriage and what you are requesting in the divorce.
- Form FL-110 (Summons), which notifies your spouse that the divorce process has begun and sets certain legal restrictions.
These forms can be downloaded from the California Courts website or obtained in person from the San Diego Superior Court.
Additional Forms Needed When Children Are Involved in Divorce
If you have children under 18, you must also complete additional paperwork, such as:
- Form FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act)
- Form FL-311 (Child Custody and Visitation Attachment) if custody orders are requested.
Where and How to File Divorce Papers in San Diego Superior Court
In San Diego County, divorce petitions are typically filed at the Family Law Division of the San Diego Superior Court, located at 1100 Union Street in downtown San Diego, or one of its regional branches such as North County, East County, or South County.
Filing fees average around $435 as of 2025, though fee waivers may be available for those who qualify based on income.
Step 3: Serving Divorce Papers in San Diego: What You Need to Know
Once you’ve filed your petition, you must properly serve your spouse with the papers.
Who Can Serve Divorce Papers
You cannot serve the papers yourself. Service must be completed by someone over the age of 18 who is not involved in the case, such as a friend, professional process server, or the San Diego County Sheriff’s Department.
Timelines for Spouse’s Response After Service in San Diego Divorce
After being served, your spouse has 30 days to file a response (Form FL-120). If they fail to respond within that time, you may request a default judgment, allowing the court to proceed without their participation.
Step 4: How to Respond to a Divorce Petition in San Diego
If you are the spouse receiving divorce papers, you still have important legal rights.
Spouse’s Options: Filing a Response or Default Judgment
You may choose to respond by filing Form FL-120 to outline your own requests for custody, property division, or spousal support. If you do not respond, the court can issue a default judgment that grants the petitioner’s requests by default.
Legal Consequences of Not Responding to Divorce Papers
Failing to respond can result in loss of input on important issues such as asset division or child custody. Consulting a divorce attorney early ensures you understand your rights and can take action before key deadlines pass.
Step 5: San Diego Divorce Financial Disclosures and Documentation
Both spouses are legally required to exchange financial information early in the divorce process.
Disclosing Income, Assets, Debts for Property Division and Support
Each party must complete and serve a Preliminary Declaration of Disclosure, including:
This ensures transparency and fairness in determining property division, spousal support, and child support.
How Financial Information Impacts Custody and Child Support Decisions
The court uses financial disclosures to calculate appropriate support amounts and determine whether one spouse should contribute to the other’s legal or living expenses during proceedings.
Step 6: Negotiation and Mediation in San Diego Divorce Cases
Many San Diego divorces are resolved through settlement with the help of a mediation and settlement attorney, rather than trial. Mediation allows couples to resolve their issues amicably without the hassle of going to court, though an experienced and trusted divorce attorney will gladly take your case to trial if it means securing a fair agreement for their client.
Using Mediation to Resolve Custody, Support, and Property Issues
Mediation allows couples to negotiate important issues in a neutral setting. San Diego courts often encourage mediation, especially when children are involved, to minimize conflict and foster cooperative parenting.
Collaborative Divorce Options in San Diego
Collaborative divorce is another approach that keeps matters out of court. Each spouse hires an attorney, and all parties agree to resolve the case through open communication and compromise.
Preparing for Trial When Mediation Is Not Successful
If mediation fails, your case may move to trial. At this stage, the court will hear evidence and issue rulings on contested issues such as custody, property, or support.
Step 7: Finalizing Your Divorce in San Diego: What to Expect
Finalizing your divorce in San Diego is the last step in dissolving your marriage. Understanding how California’s mandatory waiting period works, what to expect during the final judgment process, and the steps to take once your divorce is granted can help you move forward with confidence.
Filing the Final Judgment and Mandatory Waiting Period in California
California law imposes a six-month waiting period from the date your spouse is served before a divorce can be finalized. Once all agreements or court orders are complete, you’ll file your Judgment of Dissolution to legally end the marriage.
What Happens During the Divorce Final Hearing or Default Judgment
If your case is uncontested, you may not need to appear in court. In contested cases, the judge will review agreements or make final determinations at a hearing before issuing the judgment.
Steps After the Divorce Is Officially Granted in San Diego
Once your divorce is finalized, you will receive a signed copy of the judgment. At this point, you are legally single and free to remarry if desired. You should also update your estate planning documents, insurance, and financial accounts to reflect your new status.
Step 8: Understanding the Costs of Divorce in San Diego
The total cost of a divorce in San Diego varies depending on the complexity of the case, whether it is contested, and whether children or significant assets are involved.
Typical expenses include:
- Court filing fee: Approximately $435
- Process server fee: $75–$150
- Mediation fees (if private): $250–$400 per hour
- Attorney fees: Vary widely based on the scope of representation
At the Law Offices of Alexandra McIntosh, we help clients manage costs efficiently by focusing on practical, results-driven divorce strategies tailored to each case.
Why Choose The Law Offices of Alexandra McIntosh for Divorce in San Diego
Our divorce strategy attorneys have guided clients through California’s divorce process for more than 25 years. We understand the emotional and financial challenges that come with ending a marriage and provide compassionate, strategic legal support at every step.
From preparing your initial paperwork to negotiating custody and property agreements, our team ensures your case is handled with professionalism and care. We are experienced in mediation, collaborative law, and courtroom litigation, allowing us to adapt our approach to your needs and goals.
Contact The Law Offices of Alexandra McIntosh for a San Diego Divorce Consultation
If you are considering divorce in San Diego, don’t face the process alone. The Law Offices of Alexandra McIntosh can guide you through filing, negotiation, and finalization while protecting your rights and interests.
Contact us today at (760) 753-5357 to schedule a confidential consultation. Our attorneys will guide you through the process of divorce and help you decide the best path forward. Whether you have a lot of assets, children, or any number of variables that can add complexity to your divorce, our attorneys are here to help.
With experienced legal counsel, you can move forward confidently and begin the next chapter of your life with clarity and peace of mind.