A Clearer Path Forward: Understanding Divorce in San Diego County - By James R. Vercollone, Certified Family Law Specialist

Divorce is more than a legal process — it’s a turning point in your life. And while the decision to divorce is never simple, the steps that follow shouldn’t leave you feeling confused or unsupported. At Annis & Vercollone, we help clients across San Diego County navigate divorce with clarity, strategy, and steady guidance they can rely on.

 

As a Certified Family Law Specialist, I personally handle every divorce case from start to finish. Whether your matter is resolved through mediation or requires courtroom litigation, you will always have direct access to the attorney responsible for your outcome — no handoffs, no uncertainty.

This guide explains the essentials of divorce in California and helps you understand what to expect as you take your next steps.

 

---

Where Do You File for Divorce? Understanding California Residency Rules

 

Many people begin their search with questions like:

 

• Do you divorce in the state you live in?
• What if I was married somewhere else?
• Can I file in California if my spouse lives out of state?

 

These are common concerns — and the rules are straightforward once you know them.

 

To file for divorce in California, you must:

 

• Have lived in the state for at least six months, and
• Lived in San Diego County for at least three months

 

It does not matter where you were married. You also do not need your spouse to live in California. If one spouse meets residency requirements, divorce can begin.

For clients who have recently moved and do not yet qualify, a legal separation can preserve your rights while you wait to file.

 

---

The Divorce Process in San Diego County: What to Expect

 

Every divorce is different, but most follow the same general structure:

 

• Filing the Petition
• Serving your spouse
• Exchanging financial disclosures
• Negotiation, mediation, or litigation
• Final court judgment

 

Even when both parties agree in principle, divorce brings up complex issues — property, finances, custody, emotional transitions, and long-term planning. My job is to simplify each step so you understand what’s happening, why it matters, and how your decisions shape your future.

 

---

How California Divides Property: Community Property Explained

 

California is a community property state, which means each spouse typically owns half of the assets — and half of the debts — acquired during the marriage.

 

Community property may include:

 

• Income earned by either spouse
• Real estate purchased during the marriage
• Retirement contributions and pensions
• Investments, stock, and bonuses
• Loans, credit card balances, and other debts

 

Separate property typically includes:

 

• Assets owned before marriage
• Inheritances and personal gifts
• Certain property kept separate through agreement

 

Dividing property is rarely just math — it is documentation, valuation, negotiation, and strategic positioning. As your attorney, I work with you to identify what is community, what is separate, and what evidence will support your position.

 

---

Divorce When Children Are Involved: Custody & Support

 

When children are part of the equation, their stability becomes the core focus of every conversation.

 

California courts prioritize the best interests of the child, looking at factors such as:

 

• Each parent’s caretaking role
• Safety and emotional well-being
• Continuity in school and community
• Quality of each parent’s relationship with the child
• Ability to co-parent effectively

 

I help clients create parenting plans that reflect real life — not theoretical arrangements that are hard to sustain. Custody should support your child’s stability, your schedule, and a workable long-term structure.

 

---

Choosing the Right Path: Mediation or Litigation?

 

Divorce does not always require a courtroom. Many couples resolve issues through mediation, which can be:

 

• More cost-efficient
• Less adversarial
• Private and confidential
• Faster than litigation

 

But mediation only works when both parties can negotiate in good faith.

 

Litigation becomes necessary when:

 

• Communication has broken down
• Assets are being hidden or misrepresented
• Safety or power imbalance is a concern
• Custody disputes are high conflict
• A spouse refuses to participate in compromise

 

Because I practice both mediation and litigation personally, clients do not have to choose an attorney based on a single approach. You get continuity, strategy, and dedicated representation regardless of how the case evolves.

 

---

How Long Does Divorce Take in California?

 

California has a mandatory six-month waiting period from the date the petition is served. Even if agreements are reached quickly, this waiting period cannot be shortened.

 

More complex cases — especially those involving custody or substantial assets — may take longer, but clarity in strategy helps avoid unnecessary delays.

 

---

When You’re Ready to Talk, I’m Here to Listen

 

You do not need to have every answer before reaching out. Many clients schedule a consultation simply to understand their rights and responsibilities — long before deciding their next step.

 

Request a Free 15-Minute Consultation

 

If you’re considering divorce in San Diego County, I’m here to help you make informed decisions with confidence and clarity.