What You Need to Know Before Filing for Divorce in San Diego County
Hi, I’m Tim Blankenship of Divorce661. I created a short video covering the essentials you should understand before filing for divorce in San Diego County — and this article expands on those points so you can move forward with confidence. Filing for divorce can be straightforward when you know the rules, common pitfalls, and the paperwork required. Below I walk you through the important legal requirements, practical decisions, and steps to avoid delays and costly mistakes.
Quick Overview: The Big Picture
Before you file, keep these high-level facts in mind:
- California is a no-fault divorce state: you don’t have to prove wrongdoing — irreconcilable differences are sufficient.
- There’s a mandatory waiting period that starts from the date your spouse is served, even if all paperwork is completed quickly.
- You must meet state and county residency requirements before filing in San Diego County.
- All filings are done electronically in San Diego County — e-filing mistakes commonly result in rejections.
- Financial disclosures are legally required and critical to getting your judgment processed correctly.
No-Fault Divorce and the Required Waiting Period
California’s no-fault rule means you can file based on irreconcilable differences — you don’t need to assign blame. That makes the legal ground simple, but the process still has timing rules that can affect when your divorce is final.
One key rule is the waiting period: the clock starts on the date your spouse is served with the divorce papers. Even if you complete every step right away, the court cannot finalize the divorce until that waiting period has elapsed. Plan accordingly so you’re not surprised by timing delays.
Residency Requirements: Where and When You Can File
To file for divorce in California you must meet residency rules:
- Either you or your spouse must have lived in California for at least six months.
- Additionally, one of you must have lived in San Diego County for at least three months.
If you don’t yet meet these requirements, you have two options: wait until you qualify or consider filing for a legal separation first and later amending it to a divorce once residency is met.
Contested vs. Uncontested Divorce: Which Path Is Right?
Decide early whether your divorce will be contested or uncontested.
- Contested divorce: Parties disagree on key issues (property division, support, custody). This path often involves hearings, attorneys, and can take a year or more.
- Uncontested divorce: Both parties agree on all terms. This route is faster, simpler, and far less expensive.
If you and your spouse are in agreement, an uncontested divorce can save thousands in legal fees and avoid court appearances. That’s the type of flat-fee, no-court service we focus on at Divorce661.
E-Filing in San Diego County: Rules and Pitfalls
San Diego County requires electronic filing for all divorce forms. That sounds convenient, but it comes with strict formatting and procedural rules. Even small errors can result in rejection — and the court will not explain your mistake.
Common e-filing errors include:
- Using an outdated form version
- Missing required forms or attachments
- Incorrect formatting or signing where required
To avoid rejections, double-check that you are using current forms and submit through an approved e-filing provider.
Financial Disclosures: Mandatory and Critical
Both spouses must complete and exchange financial disclosure forms. These show income, expenses, assets, and debts. This step is required by law — even in amicable cases — and is frequently the reason judgments are rejected when done incorrectly or omitted entirely.
Key disclosure items include:
- Income statements and pay stubs
- Bank account and investment statements
- Mortgage, loan, and other liability documentation
- A complete list of assets, including retirement accounts and vehicles
Accurate disclosures help the court finalize equitable property division and any support orders without delay.
Common Mistakes and a Real Client Example
One of the most common situations I see is well-intentioned couples trying to do everything themselves and missing a key rule. For example, a couple I recently helped had been attempting to file for weeks. They missed a residency requirement and submitted the wrong version of a form. We corrected the paperwork, waited until the timing was right, and filed properly — their case was accepted and moved forward without court intervention.
“One couple came to us after weeks of trying to file their divorce on their own. They had missed a key residency rule and submitted the wrong forms. We corrected their paperwork, waited until the timing was right, and had their case filed and approved without court.”
How I Help — What Divorce661 Does for You
At Divorce661 we provide a full-service solution for amicable couples wanting a fast, drama-free divorce across San Diego County. Our flat-fee service includes:
- Reviewing residency and timing so you file at the right time
- Preparing and e-filing the correct forms with an approved provider
- Handling service of process
- Preparing and exchanging complete financial disclosures
- Obtaining the final judgment without court hearings when possible
The goal is fast, accurate, and court-approved results with no surprise fees.
Practical Next Steps Checklist
- Confirm residency: Has either spouse lived in California 6+ months and San Diego County 3+ months?
- Decide whether you can pursue an uncontested divorce (agreement on all terms).
- Gather financial documents: pay stubs, bank statements, mortgage/loan info, retirement account statements.
- Use current court forms and file electronically through an approved e-filing provider.
- Prepare and exchange financial disclosures as required by law.
- Plan for the mandatory waiting period — know the service date.
- Consider professional help if you want to avoid rejections and delays.
Conclusion and How to Get Started
If you’re thinking about filing for divorce in San Diego County, understanding these rules up front will save you time, money, and stress. If you want help getting it done right the first time, visit Divorce661.com to schedule a free consultation. We’ll walk you through the process, answer your questions, and help you move forward with confidence and clarity.