Each year, many people will obtain a divorce in San Diego. A few will be able to do it on their own but most will need an attorney. This is to help them on several levels as well as make sure that the proceeding is handled correctly.

People that attempt to do a divorce on their own are generally those with no assets and a simple case. Many times people marry on a whim to someone they do not really know. That person disappears out of their life. At some point, the person may want to get a divorce because they have given up the idea of being married or they have found a new love interest. While the procedure in this case can be fairly straightforward, it is not for everyone.

Most people have either some sort of animosity with their spouse during a divorce or they have a need for an attorney when they file for divorce in San Diego. Separation and divorce tend to bring out the worst in people. They become nasty to each other and want to fight just to be able to antagonize each other. A skilled attorney can help put the kibosh on that in most cases. They can obtain restraining orders, sometimes called orders of protection, for their client if there is a need for one. This is usually in the case of one partner threatening the other with physical violence. The aggressor does not necessarily have to have done anything; this is something that can be asked for if desired. If there is a threat of one partner taking the children away from the other, the attorney may be able to ask for limits on visitation.

The division of property is another reason to hire a San Diego divorce attorney. California is a community property state. This means that in most cases, all assets that are acquired during a marriage are considered to be the property of both parties. This means that in the case of a divorce, both parties will get 1/2 of each asset. While this may work out to one party getting the house while the other gets the business, it will generally be gauged by monetary value.

Child custody, visitation rights and child support are also issues that will come up when ending a marriage. The general trend is toward parents having joint custody if this is possible. This may happen when parents live in the same community or not very far from each other. If the parents make roughly the same amount of money, there may be little or no child support exchanged. Parents will be required to feed and clothe their children as well as take care of all their medical and dental needs. Visitation and support may also be part of the needs in a divorce in San Diego.