Questions to Ask a San Diego Divorce & Family Law Attorney

Most assets acquired during marriage are community property and divided equally — but there are exceptions for separate property, transmutation, and complex assets.

Legal separation keeps you married (no remarriage) but divides assets/debts and establishes support. Divorce terminates the marriage. The same 6-month waiting period applies.

Uncontested: 6-8 months minimum (waiting period). Contested: 18-36 months. High-conflict with trial: 3-5 years.

California has a guideline for temporary support; long-term support considers 14 factors under Family Code §4320. Ask about your specific situation.

These require expert valuations — ask about the attorney's experience with forensic accountants and business valuators.

Be realistic about what California courts typically order — joint physical custody is common but not automatic.

Children rarely testify directly. 730 custody evaluations and Family Court Services mediation are the primary ways children's perspectives are considered.

Discovery tools (subpoenas, depositions, forensic accountants) can uncover hidden assets — ask about your attorney's experience with financial investigation.

Retirement assets accumulated during marriage are community property divided via a QDRO or DRO — your attorney must understand these specialized orders.

Family law is almost always hourly — get an honest estimate of hours for your specific level of conflict and complexity.

Most California divorces settle. Ask about your attorney's mediation experience and philosophy.

Family Code §2030 allows the court to order one party to pay the other's attorney's fees based on income disparity — ask if this applies.

COBRA, employer plan coverage through the other spouse, and Covered California are all options — discuss the transition plan.

Debts incurred during marriage are generally community — but there are exceptions and creditors can still come after either spouse regardless of the divorce decree.

An RFO is how you get temporary custody, support, and restraining orders while the divorce is pending — timing can be critical.