Divorce and legal separation in San Diego involve multiple stages, each with specific legal requirements and processes. These stages are designed to address various aspects of the dissolution of marriage, legal separation, or paternity cases. Understanding these stages can help you navigate the process more effectively. At Doppelt and Forney San Diego Divorce Lawyers, we can discuss FL 182 procedures, which, while efficient, are quite complex. There are three protocols to consider: default with no agreement, default with agreement, and uncontested cases. For parties who are both participating in the divorce or legal separation, we highly recommend implementing the uncontested case protocol on page 3, #3. During your initial free consultation—whether in person, virtually, or over the phone—you can discuss your legal goals, and the attorney can outline legal strategies.
Below is a brief overview of what the FL 182 form entails (for reference only):
1. Filing the Initial Pleadings
The first stage in a San Diego divorce or legal separation involves filing the necessary pleadings with the court. These include:
- Petition: This document initiates the divorce or legal separation process. The same pleading is used whether you are requesting a legal separation or divorce.
- Summons: This notifies the other party of the legal action and imposes standard family law restraining orders, including restrictions on children and assets. These are effective upon the petitioner when filed and upon the respondent when served. Failure to comply with these orders can result in monetary and other sanctions.
- Family Law Case Assignment: This assigns the case to a specific courthouse within San Diego County. The case will be heard in either Vista, Chula Vista, El Cajon, or San Diego, depending on where the parties live. It’s crucial to file in the proper venue, or the clerk may reject the case or it may need to be transferred, which can cause delays.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Pleading: Required if there are minor children involved. This pleading will determine if San Diego Superior Court has jurisdiction over the minor children. The child or children must have lived in California for at least six months prior to filing unless emergency temporary jurisdiction is granted.
- Income and Expense Declaration: This provides detailed financial information about both parties.
- Schedule of Assets and Debts: This document lists all assets and debts, which is essential for property division.
- Family Court Services Screening Form: This is required if custody or visitation issues are involved.
- Order to Show Cause Pleadings: These request temporary orders for custody, visitation, child support, spousal support, and attorney fees.
- Temporary Restraining Orders: May be requested if needed for protection or the exclusive use of property. It’s important to analyze whether you meet the elements of Family Law Code Sections 6203 and 6320, which set the burden of proof.
Each of these documents must be filed and served correctly, with appropriate proof of service or notice of acknowledgment and receipt submitted to the court.
2. Temporary Orders Hearing
After the initial pleadings are filed, a hearing for temporary orders may be scheduled if necessary. This hearing is critical for establishing temporary arrangements for custody, visitation, child support, spousal support, and other urgent matters while the divorce is pending.
- Family Court Services Mediation: If custody and visitation are in dispute, the parties must attend mandatory mediation conducted by licensed clinical social workers employed by the court. The goal is to reach an agreement on the parenting plan. If no agreement is reached, the mediator prepares a written recommendation for the judge. As attorneys are not allowed in Family Court Services (FCS) mediation, preparation is essential. It is advisable to review Family Law Code Sections 3011, 3020, and 3040 for the "best interest analysis" and to practice and role-play before attending.
- Temporary Restraining Orders: The court may issue temporary restraining orders, grant exclusive use of the family residence or vehicles, and address other immediate concerns.
The temporary orders hearing typically takes place 21 or more days after mediation, allowing both parties time to review the mediator’s recommendations.
3. Status Conference/Case Management Conference
Approximately 120 to 180 days after filing the summons and petition, the court will schedule a status conference or case management conference. The purpose of this conference is to monitor the progress of the case, ensure compliance with procedural requirements, and assist with resolution if needed.
During this stage, discovery may occur, where parties exchange information and documents relevant to the case. Discovery methods include:
- Written Interrogatories: Questions that must be answered in writing under oath.
- Requests for Production of Documents: Demands for specific documents such as pension plans, bank statements, or retirement accounts.
- Depositions: Sworn, out-of-court testimony by a party or witness.
- Subpoenas and Asset Searches: May be used to obtain additional information or verify financial details.
The discovery process is crucial for gathering accurate information, allowing for an informed analysis of the legal issues at hand.
4. Mandatory Settlement Conference
If the case has not been resolved through a marital settlement agreement, the court will typically set a mandatory settlement conference for cases expected to last more than three hours, known as "long cause trials." During this conference, a settlement judge helps facilitate negotiations between the parties to resolve the case without going to trial.
- Settlement Conference Brief: Each party must submit a brief outlining their position and provide the documents required by the court.
- Final Declarations of Disclosure: The parties must exchange final financial disclosures.
The vast majority of cases in San Diego are settled during this stage, avoiding the need for a trial.
5. Trial
If the case cannot be resolved through settlement, it will proceed to trial.
- Short Cause Trials: These trials are expected to last less than three hours and may or may not require a settlement conference.
- Long Cause Trials: Longer trials where the judge hears evidence and makes a final decision.
Going to trial is generally the least desirable option due to the time, cost, uncertainty, and emotional strain involved. However, if a settlement cannot be reached, the judge’s decision will result in the final judgment of divorce, legal separation, or paternity.
Conclusion
Understanding the stages of divorce in San Diego can help you prepare for each step and make informed decisions throughout the process. At Doppelt and Forney, San Diego Divorce Lawyers, our experienced attorneys are here to guide you through each stage—from filing the initial pleadings to resolving your case through settlement or trial. Contact us today to schedule a consultation and learn more about how we can assist you with your family law matter.