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AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 2445 5th Ave., Ste. 330, San Diego, CA 92101-1665

  • 16959 Bernardo Center Dr., Ste. 104, San Diego, CA 92128

  • 9930 Mesa Rim Rd., Ste. 1600, San Diego, CA 92121

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  • 2366 Front Street, San Diego, CA 92101-1414

  • 1901 First Avenue, 2nd Floor, San Diego, CA 92101-0309

  • 185 West F Street, Suite 100, San Diego, CA 92101

  • 8880 Rio San Diego Drive, 8th Floor, San Diego, CA 92108

  • 1475 Sixth Ave., Ste. 512, San Diego, CA 92101

  • 430 17th St., San Diego, CA 92101

  • 1901 1st Ave., Ste. 134, San Diego, CA 92101

  • 525 B St., Ste. 1500, San Diego, CA 92101

  • 10601 Tierrasanta Boulevard, San Diego, CA 92124

  • 4248 Adams Avenue, San Diego, CA 92116

  • 8880 Rio San Diego Dr., Ste. 370, San Diego, CA 92108

  • 304 W. Ivy St., Ste. 103, San Diego, CA 92101

  • 16516 Bernardo Ctr. Dr., Ste. 130, San Diego, CA 92128

  • 4370 La Jolla Village Drive, Suite 980, San Diego, CA 92122-1253

  • 402 West Broadway, Suite 400, San Diego, CA 92101

  • 2366 Front St., San Diego, CA 92101

  • 8880 Rio San Diego Drive, 8th Floor, San Diego, CA 92108-1634

  • 3645 Ruffin Road, Suite 100, San Diego, CA 92123-1875

  • 10620 Treena St., Ste. 230, San Diego, CA 92131

  • 9171 Towne Centre Drive, Suite 440, San Diego, CA 92122

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About our Divorce Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Divorce Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What could be the reason for a divorce to be pending for 5 years? What should I do if I re-file but I do not know my spouse's whereabout?

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Answered by attorney Anne Barbara Howard (Unclaimed Profile)
Divorce lawyer at Anne B. Howard, A Professional Law Corporation
You have to find out if the court dismissed it if it did go to court and try to get it back on calendar. Easier to finish it up than have to find your spouse so you can reserve the paperwork. You may need help getting through the procedure
You have to find out if the court dismissed it if it did go to court and try to get it back on calendar. Easier to finish it up than have to find your spouse so you can reserve the paperwork. You may need help getting through the procedure
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What will I have to give my wife in the divorce?

Rebecca A Rainwater
Answered by attorney Rebecca A Rainwater (Unclaimed Profile)
Divorce lawyer at Landon Rainwater Robinson LLP
Your marriage is very short and you do not mention children. She probably would not receive spousal support due to the length of marriage. The community debts and assets need to be divided equally. Those things that were acquired from date of marriage to date of separation. Her student loans are all hers. If the community paid any of her student loans it probably has a right of reimbursement. To save time and money you may qualify for a Summary Dissolution. To qualify for a summary dissolution of your marriage you must meet ALL of the following requirements. You and your spouse: Have been married for less than 5 years (from the date you got married to the date you separated); Have no children together born or adopted before or during the marriage (and you are not expecting a new child now); Do not own any part of land or buildings; Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy); Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations"); Do not count car loans. Have less than $38,000 worth of property acquired during the marriage. Do not count your cars. Do not have separate property worth more than $38,000. Do not count your cars. Agree that neither spouse will ever get spousal support; AND Have signed an agreement that divides your property (including your cars) and debts. In addition, if you are married, either you or your spouse must have lived in California for the last 6 months and in the county where you file for summary dissolution for the last 3 months. If you do not meet the residency requirement, you can still file for a legal separation but you have to go through the regular legal separation process, or wait until you meet the residency requirements for a divorce.
Your marriage is very short and you do not mention children. She probably would not receive spousal support due to the length of marriage. The community debts and assets need to be divided equally. Those things that were acquired from date of marriage to date of separation. Her student loans are all hers. If the community paid any of her student loans it probably has a right of reimbursement. To save time and money you may qualify for a Summary Dissolution. To qualify for a summary dissolution of your marriage you must meet ALL of the following requirements. You and your spouse: Have been married for less than 5 years (from the date you got married to the date you separated); Have no children together born or adopted before or during the marriage (and you are not expecting a new child now); Do not own any part of land or buildings; Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy); Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations"); Do not count car loans. Have less than $38,000 worth of property acquired during the marriage. Do not count your cars. Do not have separate property worth more than $38,000. Do not count your cars. Agree that neither spouse will ever get spousal support; AND Have signed an agreement that divides your property (including your cars) and debts. In addition, if you are married, either you or your spouse must have lived in California for the last 6 months and in the county where you file for summary dissolution for the last 3 months. If you do not meet the residency requirement, you can still file for a legal separation but you have to go through the regular legal separation process, or wait until you meet the residency requirements for a divorce.
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What are my rights if I want divorce?

Rebecca A Rainwater
Answered by attorney Rebecca A Rainwater (Unclaimed Profile)
Divorce lawyer at Landon Rainwater Robinson LLP
It does not sound like you have many assets to divide. You have a marriage of long duration. Spousal support is based on your needs and his ability to pay. You would be allowed a portion of his retirement that accrued during the marriage. You would be entitled to child support if child under 18.
It does not sound like you have many assets to divide. You have a marriage of long duration. Spousal support is based on your needs and his ability to pay. You would be allowed a portion of his retirement that accrued during the marriage. You would be entitled to child support if child under 18.
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