6 Most Common Questions About Divorce in San Diego County
Have questions about divorce or legal separation in San Diego County? You’re not alone. Many people beginning the divorce process are unsure about timelines, costs, and what to expect when filing in San Diego Family Court. Below are the six most common questions our clients ask — along with practical answers from the team at Kosla & De Alba Family Law Attorneys.
- How Long Does a Divorce Take in San Diego County?
In California, there is a mandatory six-month waiting period before a divorce (dissolution of marriage) can be finalized. This six-month clock begins when the other spouse is served with divorce papers — not when the petition is filed.
While some uncontested divorces can be resolved soon after the six months expire, others take longer due to disputes over child custody, property division, or spousal support. Cases involving real estate, retirement accounts, or businesses often require more time and documentation.
- Can I Get a Legal Separation Instead of a Divorce?
Yes. Some couples in San Diego County choose a legal separation instead of a divorce. This can be a good option for spouses who:
- Are unsure about ending the marriage and want time for possible reconciliation
- Have religious or cultural reasons for avoiding divorce
- Wish to keep one spouse’s health insurance or financial benefits in place
A legal separation can later be converted into a divorce if circumstances change.
- How Much Does It Cost to File for Divorce in San Diego?
The San Diego Superior Court filing fee for divorce or legal separation is $435 (as of 2025). This fee covers the cost of opening your case.
However, legal fees vary depending on the complexity of your matter, whether the divorce is contested, and how much court intervention is needed. Many clients find it helpful to schedule a consultation with a San Diego divorce attorney to estimate costs and plan their legal strategy.
- What If My Spouse Refuses to Sign the Divorce Papers?
You can still get divorced — even if your spouse refuses to participate. California is a no-fault divorce state, meaning only one party needs to want the divorce for it to proceed.
If your spouse won’t sign or accept service, your attorney can arrange for a professional process server to serve them. If your spouse can’t be found after diligent efforts, the court may allow service by publication or posting. Once service is complete and deadlines pass, you can request a default judgment finalizing your divorce without their cooperation.
- What Is the Summary Dissolution Process?
A summary dissolution is a simplified divorce process available for couples who meet specific conditions:
- The marriage lasted under five years
- There are no minor children
- Neither party owns real estate
- The total community property is under a certain value threshold
If both spouses agree on all terms, this option can save time, money, and stress. An experienced San Diego divorce lawyer can confirm if you qualify and prepare the necessary paperwork.
- What Financial Information Must I Disclose During Divorce?
California law requires both spouses to exchange complete and accurate financial disclosures. This includes:
- Income and expense declarations
- Tax returns
- Bank, retirement, and investment account statements
- Property lists and debts
The goal is full transparency so that property division and support are based on truthful information. Failure to disclose assets can result in sanctions or reopening of the divorce judgment.
Speak With a San Diego Divorce Attorney
Every divorce is different — but you don’t have to go through it alone. The attorneys at Kosla & De Alba Family Law Attorneys serve clients throughout Carlsbad, Vista, and all of San Diego County. Whether you need help filing for divorce, negotiating a settlement, or protecting your parental rights, our team is here to help.
📞 Call (760) 278-0005
🌐 www.KDFamilyLaw.com