San Diego Divorce Lawyer
An Analytical and Experienced Attorney to Resolve Your Divorce Issues
The dissolution of a marriage involves crucial decisions about the welfare of your children and the equitable division of your assets. At Leigh K. Galyon, APC we have more than 16 years of experience helping clients through divorce in California, especially adversarial divorces. From mediation to litigation, we can advocate for your best interests as you settle your divorce.
Our firm handles all aspects of a divorce case to develop the best possible solutions regarding:
- Child custody and visitation rights
- Child support
- Distribution of personal property, bank accounts, stocks and other assets
- Division of marital debts
- Sale or possession of the marital home
- Spousal support and temporary support
Call (619) 238-1223 or contact Leigh K. Galyon, APC online to discuss your divorce in more detail.
Getting a Divorce in California
To file for divorce in California, either spouse must be a resident of the state for at least 6 months or 180 days. They must also live in the county where they file the divorce petition for at least 3 months prior to filing. Note that California is a no-fault divorce state, which means the spouses only need to cite “irreconcilable differences” as the cause of the breakdown of their marriage, rather than a fault ground, such as adultery.
A typical divorce process involves the following steps:
- One spouse files a divorce petition and serves it on the other spouse (the respondent).
- The respondent has 30 days to file a response to the petition.
- One of the spouses may request temporary court orders by filing for an Order to Show Cause hearing, where the judge will issue temporary child custody, support, and restraining orders.
- The spouses will engage in discovery, where they exchange information and documents relevant to the divorce. One of the required aspects of discovery is the Preliminary Declaration of Disclosure, where each spouse lists their community and separate property. The parties are also required to exchange income and expense declarations.
- After discovery, the spouses and their attorneys will discuss a settlement, which may take the form of a Marital Settlement Agreement, mediation, or, if the parties are unable to agree on all the issues in the case, trial.
- After the parties sign the Marital Settlement Agreement or the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage, and the court will mail a Notice of Entry of Judgment to each attorney.
Some common issues involved in a divorce negotiation, especially a high-conflict divorce like the ones Attorney Leigh K. Galyon handles, are child custody disputes, child support orders, alimony orders, and division of assets. A Marital Settlement Agreement (or trial) will decide these matters between divorcing spouses.
Resolving Disputes Through Mediation
One way to settle a divorce is mediation. Mediation provides spouses the opportunity to negotiate a divorce settlement in a structured setting through a trained third-party mediator. The mediation process fosters cooperation between partners and removes the unpredictability and uncertainty associated with litigation, as it will allow both spouses to negotiate their divorce issues openly with each other without the stress and publicity of a courtroom.
Mediation often reduces the time and costs of divorce and, more importantly, puts the decisions in the spouses’ hands. Rather than defaulting to a judge’s decision, spouses in mediation can make their own decisions for their and their family’s future. Our experienced negotiator at Leigh K. Galyon, APC can help obtain the most equitable divorce settlement, including a fair child support agreement and a healthy child custody arrangement.
Taking the Divorce to Court with a Skilled Attorney
While mediation is a favorable option for cooperative spouses, sometimes litigation is necessary to reach a just and equitable resolution. Through tactical trial strategies and professional courtroom presence, our skilled litigator at Leigh K. Galyon, APC successfully represents clients throughout the adversarial litigation process. In fact, our firm intentionally takes on high-conflict divorce cases because we are able and informed to. Divorce litigation can be overwhelming and stressful, but an experienced divorce lawyer like Attorney Leigh K. Galyon can make the process easier with her informed negotiation and litigation skill. Our firm is prepared to handle the complex aspects of divorce methodically to obtain the most favorable trial outcome.
Schedule an initial consultation with Leigh K. Galyon, APC online or at (619) 238-1223 to get started.