Divorce FAQs

Are military PTSD payments divisible properties in divorce?
No. Disability payments, including for post-traumatic stress disorder, are not considered divisible properties.

Should I have an attorney for my divorce?
Even people involved in amicable divorces should employ legal counsel, because there are always unforeseen circumstances that can complicate a seemingly simple situation. Child custody, division of assets and property redistribution can appear to be cut and dry issues, but as a divorce progresses they can devolve into protracted and nasty fights.

Having someone that understands the law and the California process guide you through your divorce can make a difficult and emotionally-draining situation less stressful.

Can you amend a legal separation to a divorce in California?
Yes, and it is a relatively simple process, but requires both parties to meet the following specifications:

• Meet the residency requirements of one spouse living in the state for at least six months and in the county where the petition is filed for three months
• File the petition with the court
• Respond to the petition

In theory it is that simple, but with any divorce, unforeseen issues can increase the complexity and length of the process.

Can I sell property in my name during divorce proceedings?
Each party to a divorce may not transfer, encumber, hypothecate, conceal, or in any way dispose of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life.

How long does an uncontested divorce take?
The experienced attorneys at Higgs Fletcher & Mack endeavor to complete an uncontested divorce as quickly as possible.  The paperwork could be completed and signed by the parties within as little as a few weeks, and submitted to the court for processing.  However, in California, your divorce will not be finalized until 6 months after the service of the summons and petition on the other spouse.  This is a statutory requirement that cannot be waived by the parties.

How does divorce mediation work?
Divorce mediation is a process by which spouses negotiate a mutually agreed upon separation arrangement with the help of a neutral third party mediator. This process begins when spouses contact an attorney to arrange a mediation.  The attorney acts as a neutral third party and oversee the process. After a brief orientation, the two sides present their cases to each other and the mediator, and depending on how complex the issues at play are, begin negotiating details. This process takes as long as is needed to resolve all of the issues in the case.  Once both parties agree to the final details, the mediator would draft a settlement agreement to be executed by the parties.  Upon execution of the agreement, it is filed with the court, at which time the agreement becomes an enforceable court order.

How do I modify divorce decree?
In order to modify a divorce decree, you must demonstrate that you have just cause in a petition to the court. This process can be long and complicated, which it is why having an experienced and dedicated San Diego divorce attorney at your side before the hearing on the matter is so important.

If you need to modify your divorce decree because your finances have changed, would like to modify visitation or child custody, or you discover evidence of fraud or misconduct in your previous decree, you should contact a San Diego divorce attorney immediately. Delays could cost you a great deal in money, time missed from your children, or result in criminal charges if the situation merits it.