San Diego Divorce Attorneys: Our San Diego County Family Law Practice
At Kaspar & Lugay LLP, we understand that family law is stressful for everyone, especially when money is involved. We can help you protect yourself, your interests, and your children. You deserve to work with a team of family law professionals who have the experience to guide you through the legal process.
Let the team at our brand new San Diego office help you get the best possible outcome from your family law case. Whether you want to navigate negotiation, mediation, or litigation, our hardworking, skilled attorneys can help you maximize your outcome. Get in touch to talk about any type of family law case, like:
- Asset division
- Spousal support
- Child support
- Child custody
At Kaspar & Lugay LLP, our San Diego family lawyers are dedicated to meeting your needs and expectations regarding your case.
Divorce in San Diego, California
In California, there’s no need to place blame for a divorce. The court does not punish either partner for wrongdoing during the marriage during the divorce process. That’s because California is a “no-fault” divorce state. All couples file for divorce in San Diego file on the grounds of “irreconcilable differences.”
After filing for divorce, spouses face a six-month waiting period before the court will grant the separation. During this time, the couple is still legally married and must continue filing taxes jointly.
California will only grant divorces to couples if at least one spouse has lived in the state for at least six months. The divorce papers must be filed in the county where one spouse has lived for at least three months. If spouses are living in different counties, either party may file for divorce in their own county.
California law grants one crucial exception to their divorce laws. If a same-sex couple has moved out of state to a location where same-sex marriage is not recognized, they can file for divorce in the county where they married.
California Paternity Laws
California does not automatically assume that the second parent on a child’s birth certificate is the biological father unless they are married to the mother. For unmarried fathers to have legal rights and responsibilities toward a child, they need to establish that child’s paternity.
There are two methods by which paternity can be established. First, a parent can voluntarily sign a declaration of parentage for the child. Second, a court can determine paternity during a parentage case. Either way, the parent then takes on the rights and responsibilities of parenthood, from custody to financial support.
To order and enforce child support payments, San Diego courts need to make a parentage finding. Similarly, unmarried fathers can pursue a parentage finding to gain custody and visitation rights.
San Diego County, CA Divorce Information
California Child Custody Laws
California courts are required to make all child custody decisions with the child’s best interests in mind. That means that they need to consider both parents’ ability to care for the child, along with elements like:
- The child’s age;
- The child’s health;
- The bond between the child and their parents;
- The bonds between the child and their school, home, and neighborhood;
- Any history of violence or substance abuse by either parent
The court uses these factors to decide what custody arrangement will help the child grow up healthy, happy, and successful.
The court determines two types of custody: physical and legal. Physical custody is the location where the child lives. Legal custody is the right to make decisions about the child’s health, education, and religion.
Parental gender is not considered when judges make custody decisions. Furthermore, judges may not make decisions based on marital status, physical disability, sexual orientation, religion, or lifestyle.
San Diego, California Child Support Cases
All legally recognized parents are obligated to support their children until they can self-support, whether that is due to reaching the age of majority or being emancipated.
Child support orders ensure that a parent supports their child and keeps their lifestyle from changing due to a divorce or separation. Child support covers the needs of the child, such as:
- Health costs
- School costs
In California, child support is paid through wage assignments every month unless both parents agree otherwise. Each month, the payment will be taken out of the paying parent’s check automatically. The state can handle this process to avoid the need for parent-to-parent communication.
Schedule Your Meeting with the San Diego Family Law Professionals at Kaspar & Lugay LLP
At Kaspar & Lugay LLP, our team of experienced and committed attorneys is here to help you. We are prepared to help get the best possible outcome in your family law issue. Our dedicated professionals have the industry knowledge to resolve the confusion and complexities presented by most family law cases.
Our top priority is your satisfaction. We will fight to win the results you want and provide you with the information, attention, and communication you deserve from your legal team.
Call us or get in touch online to schedule your free initial consultation with our expert attorneys today.