Divorce is more than the end of a marriage. It is a legal process that determines how your future will be shaped regarding finances, property, and family relationships. In San Diego, divorce follows California’s statewide rules, but local court procedures and practices can influence how your case unfolds.
At Andrew J. Botros, APC, we can guide you through this process with clarity and strategy. With four Board Certified Family Law Specialists on board and a team backed by 90+ years of combined experience, we help clients navigate divorce from start to finish.
How Our Firm Supports You Through the Process
At Andrew J. Botros, APC, we know that divorce is not only a legal matter but a profoundly personal journey. Our skilled team of divorce attorneys in San Diego provide:
Expertise from Board-Certified Specialists. Fewer than one percent of California attorneys are Board Certified in Family Law, and we have four of them on our team.
Practical and strategic guidance. We balance legal precision with real-world solutions, protecting your best interests.
Compassion and accessibility. We respond promptly, keep you informed, and recognize the emotional weight of every decision.
Tenacious advocacy in any forum. We pursue meaningful results through negotiation, mediation, trial, or appeal, drawing on decades of knowledge, skills, and resources.
Learn more about the divorce process and how it impacts your case in a confidential consultation with one of our San Diego attorneys at Andrew J. Botros, APC. Call (858) 422-1377 or contact us online. We offer phone, office, and convenient virtual appointments.
What are the Grounds for Divorce in San Diego County?
A divorce or legal separation in San Diego can only be obtained on the basis of “irreconcilable differences” or “incurably insanity”. In almost every case, divorce or legal separation is sought pursuant to irreconcilable differences.
Irreconcilable Differences
In accordance with California Family Code §2311, “irreconcilable differences” exist if there are “substantial reasons for not continuing the marriage and which make it appear the marriage should be dissolved”. This is a vague standard which is broadly interpreted by San Diego Family Courts in divorce. Because this standard does not mention the culpability of either party in causing “irreconcilable differences,” California is known by lawyers as a “no fault” state.
In order for a divorce or to be granted in San Diego County based on “irreconcilable differences,” the court must be sure that, after considering all of the evidence presented, the marital differences are considerable and that no reasonable possibility of reconciliation exists. Generally, even if only one of the parties believes the marriage cannot be saved, a court will still find the marriage irretrievably broken. However, if the judge believes that reconciliation is reasonably possible, he or she must grant a 30-day continuance of the proceedings.
Incurable Insanity
The only other ground for divorce or legal separation is “incurable insanity”. Unlike “irreconcilable differences”, proving “incurable insanity” will likely be much more costly and difficult. In order to successfully prove “incurable insanity”, a spouse must provide medical or psychiatric evidence, in the form of expert testimony, that the other spouse is currently incurably insane and was also incurably insane at the time the petition was filed.
Don’t settle for less when determining your rights. Contact us if you would like more information about how to divorce in San Diego, are considering a legal separation, or have questions regarding division of property in divorce. Call (858) 422-1377 for more information about the consultation process.
Beyond Divorce: Appeals & Modifications
In some cases, a party may wish to challenge the outcome through an appeal or seek a modification of orders due to a significant change in circumstances.
How we help: Founding Attorney Botros is a Certified Family Law Specialist and a Certified Civil Appellate Law Specialist. Our firm is uniquely qualified to handle appeals, making us one of the few San Diego firms with this dual capability.
Protecting Your Rights: Practical Guidance for San Diego Divorce
Divorce upsets routines and raises many legal questions. At Andrew J. Botros, APC, we focus on practical steps that protect your rights and keep the process as efficient and cost‑effective as possible. Below are key considerations specifically relevant to San Diego residents that many clients find immediately useful.
What to prepare right away
Financial snapshot: Paystubs, tax returns (last 2–3 years), bank and retirement account statements, credit card and mortgage information.
Parenting information: School schedules, doctors, extracurriculars and any communications that reflect parenting roles or disputes.
Asset list: Real estate, vehicles, business interests, and personal property you value or worry about losing.
Why California’s community property rules matter
California is a community property state, which generally means assets and debts acquired during the marriage are divided equally. Understanding how this rule applies to your specific situation is essential for realistic expectations and effective negotiation—especially in San Diego where real estate values and military benefits (if applicable) can complicate division.
Mediation and alternatives to court
We encourage exploring mediation and collaborative divorce when appropriate. These options can reduce cost, preserve privacy, and give you more control over outcomes—especially on issues like parenting plans and property division where flexibility matters. If mediation stalls, we are prepared to litigate and protect your interests in San Diego family court.
Common pitfalls to avoid
Making large financial moves or hiding assets during the divorce.
Using children as leverage in negotiations.
Delaying documentation—missing records can weaken your position.
If you’d like a clear, personalized plan for your divorce—whether you’re focused on protecting assets, securing child custody, or minimizing conflict—contact Andrew J. Botros, APC for a focused consultation tailored to San Diego families.
Want to discuss your family law matter with a San Diego divorce attorney at Andrew J. Botros, APC? Call (858) 422-1377 or contact us online to schedule a phone, office, or virtual consultation.
The skilled divorce lawyers at Andrew J. Botros, APC can guide you through the divorce process in San Diego from start to finish
In San Diego, every divorce must follow the same procedure established by California law. The process begins with filing a Petition for Dissolution of Marriage. Only one spouse can file the Petition to start the case. California does not allow the parties to file jointly, even if they agree on all terms. This petition sets the legal process in motion and outlines requests regarding property division, spousal support, and, where applicable, custody and support of children.
The Petition is filed at the courthouse with jurisdiction over the filing party’s address. In San Diego County, family law cases are handled in four courthouse locations:
How we help: Our attorneys see that your petition is prepared correctly, filed in the proper jurisdiction, and tailored to reflect your immediate and long-term priorities.
After filing, the Petitioner must properly serve the Respondent with the Petition and all required documents. Proper service is critical, as it triggers various legal protections and obligations, including the Automatic Temporary Restraining Orders (ATROS) that apply in every divorce case.
Once served, the Respondent has 30 days to file a Response. If no Response is filed, the Petitioner may request a default judgment. While defaults may seem straightforward, they are often challenged and can be overturned, so it is vital to seek legal guidance whether you are filing or responding.
How we help: We coordinate service to comply with California law and avoid unnecessary delays. If your spouse is uncooperative, we advise on alternative service methods recognized by the court.
Once served, the respondent has 30 days to file a Response. Both parties must exchange preliminary Declarations of Disclosure, detailed financial statements listing income, expenses, assets, and debts.
How we help: Our firm assists you in preparing accurate and comprehensive financial disclosures, protecting you from claims of hidden assets or incomplete reporting. In high-asset cases, we often work with financial experts to identify and correctly value all property and income.
Soon after the Petition is filed, the court will schedule a Family Resolution Conference (FRC). This is essentially a “check-in” where the judge reviews the case's status, ensures the parties have exchanged disclosures, and encourages them to get on track to resolve their divorce.
Because divorce can take several months, either spouse may request temporary court orders to address issues like spousal support, bill payment, or family home use during the proceedings.
How we help: We advocate for fair and reasonable temporary orders to give you financial stability and security throughout the divorce process.
The discovery process allows each spouse to gather additional financial or personal information, which may include document requests, depositions, or expert evaluations. During this stage, attorneys also begin settlement negotiations.
How we help: We use discovery to uncover key details in complex cases, such as business valuations, investment portfolios, or concealed assets. Our reputation for strategic advocacy often strengthens our clients’ positions at the negotiating table.
If settlement is impossible, the case proceeds to trial, where a judge makes final decisions on unresolved issues. Divorce trials can involve witness testimony, financial experts, and extensive evidence. Mediation can be ordered or requested before or during this step.
How we help: With decades of combined courtroom experience and specialized certifications, our attorneys are equipped to handle high-stakes trials. We build persuasive cases, cross-examine witnesses, and fight to protect your rights and best interests in court.
The divorce concludes with a Judgment of Dissolution of Marriage, which finalizes all terms. In California, the minimum time for a divorce to be finalized is six months from the date of service, though complex cases often take longer.
How we help: Our responsibility is to see that final judgments are appropriately drafted and enforceable, minimizing the risk of future disputes or complications.
Why Legal Representation Matters
The procedure for getting a divorce can be complex, and it is strongly recommended that parties hire an attorney to represent them or consult with them about their case. Filing, service, or disclosure errors can delay proceedings or affect your legal rights. An experienced family law attorney helps you avoid mistakes, understand your options, and work toward the best possible outcome.
At Andrew J. Botros, APC, we guide clients through every step of the process, from filing the Petition to the final judgment. Our team includes multiple Certified Family Law Specialists who bring exceptional expertise and skill to every case. Our San Diego attorneys share 90+ years of collective experience resolving divorce and family law issues.
Call (858) 422-1377 or complete our online contact form for a confidential consultation with one of our family law attorneys at Andrew J. Botros, APC today.
We approach every case with a thoughtful strategy designed to achieve the best possible result. Our blend of experience and insight ensures we stay steps ahead.
Smart Strategies
We combine book smarts and street smarts to create effective legal strategies. This balance allows us to handle both straightforward and complex cases with precision and practicality.
Trusted Authority
Our team is recognized as leaders in the field. Our team leader, Andrew J. Botros, is a fellow of both the American Academy of Matrimonial Lawyers and the International Academy of Family Law Attorneys.
Certified Expertise
A majority of our attorneys are Certified Family Law Specialists, an achievement held by only a small percentage of lawyers in California. This certification reflects advanced knowledge, skill, and experience in handling family law matters.
Stories From Families We’ve Helped
Professional & Personal Counsel
“I appreciate all you have done to facilitate this divorce, with both your professional and personal counsel.”
- C.W.
Very Professional
“Thank you and your paralegal for the legal services you provided for me. Your legal advice as well as services rendered by your team was very professional and timely.”
- C.K.
WOO HOO!
“First of all, can I just say WOO HOO! I really appreciate you keeping me updated. Thank you so much for everything and for all of your hard work. Most certainly you made my afternoon!”
Divorce can be emotionally charged and legally overwhelming, but you do not have to go through it alone. With our certified specialists, proven trial lawyers, and trusted advisors, you can have confidence and peace of mind during this transition.
Call (858) 422-1377 or submit our online contact form to schedule a confidential consultation with a San Diego attorney today.
