The Main Issues Settled in a San Diego Divorce

It is very challenging to find oneself in the midst of a divorce proceeding. Not only is this difficult because of the emotional toll that such a proceeding can bring, but also because there are major life-altering decisions that can be made by a court of law during these proceedings. Much of this is left in the hands of a judge, and people who want to keep their rights protected need to understand what is at stake. If you live in the San Diego area and are looking at the potential prospect of a divorce, you need to understand what is on the line here. 

Division of Property 

A court of law must step in to ensure the division of shared property is split fairly between the divorcing individuals. This can be one of the most intense parts of the entire divorce proceeding simply because couples often disagree about who should receive certain assets that had previously been shared. Therefore, it is the responsibility of the court to step in and decide which spouse will get which assets. 

Certain factors are reviewed by the judge in these cases to try to come up with something that is as equitable to both sides as possible. For example, a judge will likely review the following: 

  • Each spouse’s debt load
  • The financial needs of each spouse
  • Which spouse will have financial responsibility for any children
  • The current employment status of each spouse

These factors, and more, will often play a role in how the shared marital assets of a divorcing couple are ultimately split between the two. 

Parental Responsibilities

Couples that have children together must have a plan for how to take care of those children after their divorce. Namely, they must come up with an agreement that both parties can agree to as it relates to the care of their shared children. Again, this is an extremely sensitive subject for most parents going through something like this. explains why parental responsibilities are a primary issue in divorces involving children: 

Prior to a divorce, both parents are on equal footing when it comes to their children. This includes determining where the children reside, as well as making important decisions affecting their lives. Divorce changes the landscape, particularly because it’s unlikely the parents will be living in the same residence.

The sudden change in how children are taken care of is very jarring both for the parents of that child, and likely for the child as well. To try to keep things as smooth as possible, courts step in and work with the divorcing parents to attempt to create a solution that will work for both sides. This is never an easy task to be sure, but it is a necessary step to prevent as much disruption in the lives of shared children as possible. 

Depending on the specifics of the case, it might also be necessary for parents to receive specific instructions about additional responsibilities that they are expected to handle when caring for their children. For example, some children are involved in extracurricular activities that parents may need to take their children to and/or pay for. That is yet another responsibility that may be determined in court. 

Child Support

Both parents are financially responsible for caring for their child. They both contributing to bringing their child into the world, and they must contribute financially to raising that child as well. Thus, a divorce court is the place where a child support agreement will be struck that lays out the specifics of which parent pays the other child support, and how much that child support is. 

It is often the case that divorcing spouses cannot agree on a child support payment plan, and that is why a judge often needs to step in to set something up with those individuals to ensure that payments are made in an appropriate amount and that those payments can cover the necessary expenses of raising a child. 

Mediation may be used in some cases to determine which parent pays child support and how much. However, both sides will need to agree on the figures, and that is very difficult to pull off in most cases. 


San Diego divorce courts often set up ailmony payment structures when one spouse in a divorce scenario is a high-earner and the other is not. It is established law that this is an appropriate way to ensure that one spouse is not left in a financial bind as a result of going through a divorce. The courts have established that it is reasonable to protect the financial interests of both spouses when they decide to go through this process. After all, society does not want people to necessarily remain in a marriage simply because they feel like they are financially trapped. 

As with so many other issues settled in divorce, this is one that can be mediated if both parties can agree to certain ailmony payments. If they are unable to do so, then the court will need to step in and ensure that all sides receive fair and equal treatment. Ailmony payments are an area of contention in many divorces because neither spouse wants to feel like they are financially supporting the other. However, this issue can be put to rest when the two sides simply come together and determine what an appropriate alimony amount is. 

Obtaining Legal Representation

The moment that you realize you may be headed for a divorce, you should reach out to one of our San Diego attorneys at for help. Our attorneys can come to your assistance and guide you through the process of a divorce trial or mediation. They have all worked on numerous divorce cases in the past, and they know the best practices that need to be used to help you get the results that you desire. 

If you are headed towards a potential divorce at this time, please contact us and let someone from our team get in touch with you. We would like to provide you with the assistance that you require to get the help with your divorce that you need. 

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