San Diego County Divorce Lawyer – Skilled Advocacy for Your Divorce Case

A lot can go wrong during divorce. Some people end up damaging their prospects even before the legal proceedings begin by choosing the wrong type of divorce, the wrong attorney, or making key decisions based on emotion rather than logic.

Important: Not understanding the difference between Alternative Dispute Resolution methods (mediation, arbitration, and collaborative divorce) and traditional litigated divorce (contested or uncontested) may unnecessarily prolong the process and amplify your legal costs.

At Moshtael Family Law, our San Diego County divorce attorneys have over 200+ years of combined experience representing clients on both sides in family law matters. We know that the process of ending a marriage or registered domestic partnership is deeply personal, and regardless of your net worth, its impact can be felt across your family, finances, and future.

Our compassionate yet tenacious lawyers are here to not only help you avoid any mistakes using proven legal strategies, but also to help achieve your goals at the least emotional and financial cost to you and your children. As chaotic and bleak this process may seem, we truly believe that divorce also provides extraordinary opportunities for personal growth, and our role is to make the legal part of this process as smooth as we possibly can. You can count on our extensive experience in divorce and family law matters to try our best to maximize your results, reduce costs, and bring you a sense of comfort.

Call us at (714) 909-2561 or contact online to book a confidential consultation with our San Diego divorce lawyer today.

How Does Divorce Work in San Diego County?

California is a “no-fault” state under Family Code 2310, so when one spouse files for divorce, they do not have to prove that the other spouse is guilty of infidelity, abuse, or abandonment. The state only allows two legal grounds to file for divorce, irrespective of your personal reasons:

• Irreconcilable differences (when there is no realistic chance of repairing your relationship)
• Permanent legal incapacity to make legal decisions (when one spouse has a medically documented condition that renders them physically or mentally incapable)

The majority of divorces are filed based on irreconcilable differences; the latter is very rare. Even if your spouse doesn’t want the divorce, you can still proceed. Only one spouse needs to claim irreconcilable differences. Legally speaking, you don’t need to document infidelity, neglect, or abuse in your petition to seek a divorce in San Diego County.

The respondent (spouse who receives the divorce papers) has 30 calendar days to respond. If they file their response within 30 days of receiving notice, it becomes a contested divorce, and both spouses will move through the normal stages (disclosures, negotiations, hearings, or trial).

Based on this, if the responder fails to provide any response within 30 days, the petitioner (spouse who files the divorce petition) may file for a “default” judgment.

The court will not consider “fault” when dividing property or awarding spousal support, with a few exceptions:

• If there is a proven case of domestic violence or other serious criminal behavior, the judge may deny spousal support to the abusive spouse.
• If one spouse intentionally hides, misuses, or destroys marital assets, the court may give the other spouse a larger share of the remaining property.

Mandatory Residency Requirements

As per the California Family Code § 2320(a), you must satisfy both state and county residency requirements before filing for divorce:

• State Residency Requirement: At least one spouse must have been a resident of the State of California for at least six continuous months immediately before the petition for dissolution is filed.
• County Residency Requirement: That same spouse must also have been a resident of San Diego County for at least three continuous months immediately preceding the filing.

The 6-month and 3-month rules only apply to divorce, and not to annulment or legal separation.

Cooling-off Period

California imposes a mandatory waiting period of 6 months from the date the Respondent is served (or from the date the Respondent formally appears in court; whichever comes first). Your divorce can’t be finalized until at least 6 months have passed.

Results-Driven Legal Representation by an Experienced San Diego Divorce Lawyer

Business Valuation Before Divorce

California is a community property state; community property is considered jointly owned, and thus divided equally. The Moshtael Family Law attorneys work with forensic CPAs, valuation consultants, and business appraisers and look at projected earnings, current economic conditions, expansion opportunities, brand and reputation, and other factors to determine the full worth of a business (and not just its fair market value).

Division of Retirement Plans (Qualified Domestic Relations Order)

California treats retirement benefits earned during marriage as community property. They’re subject to division but only if a Qualified Domestic Relations Order (QDRO) is properly filed and approved by both the court and the plan administrator.

A QDRO provides a clear guideline regarding how to fairly divide a 401(k), 403(b), and pension plan covered by ERISA (Employee Retirement Income Security Act). The funds legally can’t be transferred without it.

Our attorneys can help:

• Draft a legally compliant QDRO and coordinate with plan administrators to ensure it meets the requirements of each financial institution.
• Determine what portion of the retirement account is subject to division, based on contributions made during the marriage.
• File for court approvals, judicial review, and final execution of the order.
• Resolve any post-judgment issues related to enforcing or correcting a previously mishandled or outdated QDRO.

Child Custody and Parenting Time (Visitation)

To ensure all the custody-related decisions in your case reflect the best interests of your child (Family Code 3011), our San Diego child custody lawyers will help you create a parenting plan (custody & visitation agreement) that factors in their physical and psychological welfare.

The court does not automatically award the legal and physical custody to either parent. The child’s age, their relationship with each parent, and any documented evidence of child abuse or domestic violence is considered. Get in touch with us to learn the basics of custody applicable to your situation.

Child Support

Tip:  You can seek child support in California even if you don’t meet the strict residency requirements to obtain a divorce.

Child support in San Diego County is based on both parents’ financial situations. The idea is that a child should enjoy the same standard of living as the higher-earning parent even if they largely live with the lower-earning parent. The support ends when the child turns 18 or graduates high school (whichever happens later, but not past age 19). The only exception to this is if the adult child has a permanent disability that makes them unable to be self-supportive.

A statewide guideline formula (Family Code 4055) is used in San Diego divorce cases when calculating child support payments. But if one spouse is self-employed, has irregular income, or one or both parents are high income earners, the support order may be less or more than the guideline formula.

If your ex-spouse is behind on their support payments, contact us immediately to calculate the arrears and file the appropriate motions to obtain the missing payment.

The Rule of 65: If the recipient’s (support claimant) age plus the length of the marriage equals 65 or more, spousal support may be awarded indefinitely. For example, if one spouse is 61 years old and the marriage lasted 6 years (61 + 6 = 67), the court may award long-term or permanent support. It does not apply to marriages that last less than 5 years.

Spousal Support

Also known as alimony or spousal maintenance, spousal support in California falls under the Family Code 4300, which dictates that spouses have a mutual obligation to support each other. As long as you are legally married, even when going through the motions of a divorce or legal separation, there is a support obligation.

California Family Code 4320 is used to decide the amount and duration of the support awarded to a spouse based on several factors, including:

• Each spouse’s earning capacity and ability to maintain the marital standard of living
• The supported spouse’s contributions to the other’s career (education, training, licensing)
• The payer’s ability to pay
• The duration of the marriage
• The needs of each party based on the standard of living during marriage
• Age and health of both spouses
• History of domestic violence
• Tax consequences
• Balance of hardships

If you are seeking alimony or defending against a spouse who is pursuing alimony, Moshtael Family Law attorneys can advocate effectively for you. Contact us today if you want to change the support order or file for temporary spousal support until your divorce is finalized.

Military Divorce

At Moshtael Family Law, our divorce attorneys in San Diego County have represented both men and women who are either retired or active members of the military. If you are currently residing in the Naval Base San Diego, Naval Base Point Loma, Marine Corps Recruit Depot San Diego, Coast Guard Sector/Air Station San Diego, or any other military base in the county, reach out to us for a consultation.

In addition to the standard California State divorce laws, military personnel in San Diego must also abide by the federal laws including, Servicemembers Civil Relief Act (SCRA), Uniformed Services Former Spouses’ Protection Act (USFSPA), 10/10 Rule (direct pension payments to ex-spouse via Defense Finance and Accounting Service), and other considerations.

Prenuptial Agreements

  A premarital agreement in California is enforceable (even if one spouse objects) as long as key legal requirements were met at the time it was signed. These include either:

• The spouse (who didn’t draft the prenup) had their own attorney, or
• They were advised in writing to get one, chose not to, signed a separate waiver, and had at least 7 calendar days to review the final version before signing.

Our San Diego prenuptial agreement attorneys can draft a legally binding document for you that includes certain financial provisions, in the event that the marriage ends. Under the Uniform Premarital Agreement Act (UPAA), your prenup can include stipulations for:

• Division of property (before, during, and after marriage)
• Rights to buy, sell, lease, or control property
• Spousal support (under strict conditions)
• Managing finances during marriage
• Handling debts
• Estate planning rights

Child custody and child support cannot be predetermined in a prenup.

If you signed a prenuptial agreement without understanding the legal language in the document, or you didn’t receive an explanation about what the prenup covered and the rights you were giving up, our attorneys might be able to challenge its enforceability in court and fight to have it set aside.

Why Choose Navid Moshtael as Your San Diego Divorce Attorney

Navid Moshtael, lead attorney at Moshtael Family Law, draws on more than 19 years of experience in the family court and deep legal skills to help divorcing spouses in San Diego County pursue better outcomes.

He has represented high net worth clients to  individuals from all walks of life on a wide range of legal matters, including divorce, legal separation, annulment, child custody, spousal and child support, and property division. His clients come from an assortment of industries: service professionals, public officials, real estate, financial services, insurance brokers, film and television, and more.

Throughout his career, Navid has stressed the importance of caring for and protecting the children in a divorce. His divorce and family law articles in the past have been published in the Los Angeles Daily Journal. He is a member of the Orange County Bar Association, State Bar of California, Beverly Hills Bar Association, and Iranian American Bar Association.

“The best interests of my clients’ children is always a priority in my law practice.” – Navid Moshtael

Highly Personalized Negotiation Strategy

Having worked with clients in cases ranging from military divorces, contested custody cases, to financial investigations, convoluted marital property disputes, and more, our divorce lawyer near me in San Diego County has the ability to achieve a fair and adequate settlement for you.

Our approach hinges on not only the facts of your case, but also listening to your own financial goals and non-negotiables. This starts with:

• Determining your (and your children’s) needs and interests
• Considering your child-related (financial and non-financial) goals
• Finding out how California’s spousal and child support guidelines (including deviation criteria applicable in unusual circumstances) might impact your case
• Factoring in your soon-to-be-ex spouse’s priorities and motivations, and using that knowledge to find areas where they are most likely to be amenable
• Creating a thorough risk assessment for court-based divorce vs. private resolution options
• Conducting a financial forensic investigation, if necessary

You will be provided a realistic timeline and key decision points, so you never have to second-guess where your case is heading.

Ensuring Your Privacy in a High-Stake, High-Net-Worth Divorce

Divorce filings in San Diego County (and all of California) become public record by default. Under the California Rules of Court (Rule 2.550–2.551), once a case is filed for divorce, legal separation, or nullity of marriage (annulment), all the documents submitted become part of the public record. Unless the court specifically seals them or redacts certain information.

Simply put, anyone can access the San Diego Superior Court’s online case search portal, or go to the Family Law Division Clerk’s Office and request documents such as you Petition for Dissolution of Marriage, Summons, Response to Petition, Request for Orders (RFOs), Judgment of Dissolution (final divorce judgment), settlement agreement, and court minutes.

In relation to this, a high-net-worth divorce attorney in San Diego at Moshtael Family Law knows how to work within the system to minimize your exposure and protect the sensitive information from getting out. Our smart legal team is able to assure maximum confidentiality by:

• Keeping your private marital settlement agreement out of the court (this doesn’t need to be filed with the San Diego Superior Court in full).
• Filing only a “Notice of Settlement” or a summary judgment form, without attaching all the written terms (property division, support, business ownership, etc.)
• Redacting your Social Security number, account numbers, home address, and tax ID number from all financial documents.
• Submitting your financial information using sensitive-supporting documents “for court review only” without entering them into the general file.
• Filing motions to request that the court seal any filings related to custody evaluation, sensitive business valuation report, abuse allegations, or mental health records.
• Leveraging alternative dispute resolution strategies (mediation/arbitration/collaborative divorce) to complete the negotiations behind closed doors.
• Negotiating a mutual confidentiality clause in the final divorce judgment to prohibit either spouse from disclosing the terms of the agreement to outsiders.

Enhancing the Value of Your Divorce Outcome

If your case involves anything other than a routine division of vehicles and bank accounts after a short-term marriage, consider hiring an executive divorce lawyer in San Diego County to be a zealous advocate for your interests. California has fairly complex asset division and marriage dissolution laws.

You can rely on Navid Moshtael and his team to provide well-informed legal guidance and strategic representation at every step. Whether you are the petitioner or respondent, our divorce lawyers help you reach your goal by:

• Identifying any hidden costs (e.g., capital gains taxes) that may lower the value of assets you receive in your settlement.
• Taking full advantage of available tax breaks, and inserting tax-friendly wording in the settlement agreement.
• Discovering income, property, or assets deliberately undisclosed by your spouse.
• Determining the impact of Earned Income Tax Credit, Head of Household income tax filing, Young Child Tax Credit, and other tax credits and deductions on your settlement.

If your spouse fails to disclose an asset, and you can prove this in the court, you may be entitled to at least 50% of the community value of that hidden asset. You may even be awarded 100% as a penalty for your spouse.

Schedule Your Case Evaluation

When you’ve had a short marriage that lasted only a couple of years, with few assets and no children, it makes sense to consider not hiring an attorney at all or working with one with lesser experience, simply to help you with the paperwork.

But if you have substantial assets or you’re anticipating a custody dispute, you want a team of skilled San Diego County divorce lawyers who are skilled negotiators and litigators. We also have an in-house support team and a dedicated network of certified divorce financial analysts, forensic accountants, and business and property appraisers available at our clients’ disposal to overcome any barrier that may come up during the divorce proceedings.

Call (714) 909-2561 for a  case evaluation today.