Divorce Guide

Divorce Guide

Divorce, legal separation, or paternity cases can be complex and emotionally draining. This guide provides valuable insights into some of the most important family law topics to help you through this challenging time. Whether your case is contested or uncontested, understanding your options and the legal process can make a significant difference. The law firm of Doppelt and Forney, San Diego Divorce Lawyers, can assist in guiding you through this difficult process. Take advantage of the 30-minute no-charge consultation to discuss your individual case and what to expect procedurally. While other family law firms in San Diego charge a consultation fee, Doppelt and Forney, San Diego Divorce Lawyers, do not. This gives you the opportunity to ask questions of an experienced family law attorney without obligation and without needing to provide a credit card number to secure the consultation. Their law office is conveniently located off the I-15 at Bernardo Center Drive.

Should You Hire an Attorney?

One of the first decisions you'll need to make is whether to represent yourself or hire an attorney. Each option has its own set of advantages and disadvantages:

Advantages of Hiring an Attorney

1. Professional Guidance: An experienced attorney will counsel and assist you throughout the process, helping you navigate the complexities of family law. They will prepare all necessary pleadings and ensure they are timely filed and served according to local rules and current judicial council pleading forms.
2. Expertise and Peace of Mind: Family law is a challenging area to navigate without professional help. Hiring an attorney provides peace of mind, knowing you have an advocate who will give you honest and frank advice while prioritizing your best interests.
3. Objectivity in Decision-Making: Divorce, legal separation, and paternity cases are often highly emotional. An attorney can help you remain objective, making decisions based on legal strategy rather than emotions, which can be crucial to the outcome of your case.

Disadvantages of Hiring an Attorney

1. Cost: The primary drawback of hiring an attorney is the expense involved. Legal fees can add up, and this may be a consideration for some individuals. There are options to obtain legal assistance at a reduced rate of $150 per hour with a ten-hour retainer ($1,500) if you qualify for the San Diego County Bar Association Modest Means Panel.

If you do not qualify, there is an option to receive help filling out legal forms at no charge through the Family Law Facilitator Office at the San Diego Superior Court (link provided below). While no attorney representation is provided, this office offers expert assistance in filling out the forms and other legal advice. According to the website, you can receive in-person advice at the courthouses or online. If you do not hire an attorney, this option is recommended over completing the pleadings yourself.

Advantages of Representing Yourself

1. Cost Savings: By representing yourself, you avoid legal fees, which can be significant. The money saved can be used for personal expenses or family needs. Additionally, if you can reach a full agreement with the other party, both of you can go to the Family Law Facilitator Office and complete the uncontested case procedures through FL 182: page 3, number 3.

Disadvantages of Representing Yourself

1. Lack of Legal Knowledge: Without a thorough understanding of family law, it is difficult to know what to expect or what a realistic outcome might be. This lack of knowledge can put you at a disadvantage in court. Once a judgment is entered, it may not be able to be changed, meaning you will live with that judgment for the rest of your life. You do not want to have “buyer’s remorse” and be unable to change it. While an attorney will cost money, it can be viewed as an investment, not an expense, depending on the financial and time management issues in your case. Of course, time-related issues are not financial (such as where your child or children live), and misunderstanding legal and physical custody and parenting plans can lead to not seeing your child as often as you would like. Once a divorce or legal separation petition is filed, the San Diego Superior Court gains jurisdiction, authority, and power over your children, assets, and debts.
2. Emotional Involvement: Handling your own case can be challenging due to the emotional stakes involved. Making decisions based on emotions rather than legal principles can negatively impact your case.

Free and Confidential Consultation

Not all attorneys offer a free and confidential virtual consultation where you can discuss your specific case. This can help you gain a realistic expectation of the possible outcomes and understand the legal process. While no attorney can guarantee the result of your case, they can provide insight into what you might expect based on your unique situation.

For example, in San Diego, all parents must attend mandatory mediation before a judge issues custody and visitation orders, except in cases of emergency orders due to abuse, neglect, or molestation. An attorney can guide you through this procedure and discuss strategies for mediation. Ultimately, the decision of whether to hire an attorney is yours to make. Our goal is to provide you with the information needed to make the most intelligent choice for yourself.

Final Thoughts

Before starting the divorce, legal separation, or paternity process, it's imperative to list your goals. The strategies and techniques used in your case will depend on what you hope to achieve. This guide aims to provide useful information to help you make informed decisions during what is likely one of the most stressful times in your life.

If you have specific questions that aren't covered in this guide, consider seeking professional legal advice to address your concerns. At Doppelt and Forney, San Diego Divorce Lawyers, our goal is to assist you in protecting your rights and achieving your legal objectives.