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:

• Divorce
• Asset division
• Spousal support
• Child support
• Child custody
• Paternity

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.