Divorce Doesn’t Have to Mean Losing What Matters Most
Ending a marriage is one of the hardest decisions you’ll face. I help clients in San Diego navigate it with honesty, clarity, and a strategy built around their situation — not a generic playbook.
The decisions made during your divorce — about your assets, your children, and your support obligations — can affect your life for years. Getting the right guidance matters.
With legal guidance
A fair division of assets and debts
A custody arrangement that protects your relationship with your children
Clarity on spousal support so you can plan your financial future
A resolution reached without unnecessary conflict or cost
Without legal guidance
Agreeing to terms that seem fair now but cost you later
Losing time with your children due to a poorly structured custody plan
Taking on more financial obligations than the law requires
You Need Someone Who Will Tell You the Truth — Not What You Want to Hear
I understand how disorienting this process can feel. The rules aren’t always clear, the stakes are real, and it’s easy to make decisions under pressure that you’ll regret. My job is to make sure that doesn’t happen.
I’ve been practicing family law in San Diego since 2012. I’ve handled everything from simple uncontested divorces to complex, high-asset contested cases. I’ve taught family law at California Western School of Law and serve as a County Hearing Officer — which means I understand how decisions get made on both sides of the courtroom.
Family law attorney since 2012
Adjunct Professor of Family Law — California Western School of Law
We meet to review your situation, your documents, and your goals. I’ll give you a realistic picture of what the process looks like for your specific case.
Build Your Strategy
Whether your case is straightforward or complex, we’ll map out the most direct path to a fair outcome — and I’ll tell you exactly what to expect along the way.
Move Forward with Clarity
I handle the legal work, keep you informed at every step, and advocate for your interests — whether we resolve through agreement or go to court.
No surprises. No disappearing act. Just steady, honest representation from start to finish.
Either spouse can initiate the process, and the court doesn’t assign blame when dividing assets or determining support. All marital property (acquired during the marriage) is divided equally under California's community property rules — though there are exceptions, and what counts as "marital property" isn’t always clear-cut. Separate property (owned before the marriage, after separation, or received as a gift/inheritance) is generally not subject to division. Divorce proceedings involve several key issues: property and debt division, spousal support (alimony), attorney fees, and — if children are involved — custody, visitation, and child support. Not every case requires court intervention. Many divorces are resolved through negotiation or mediation, especially when both parties are willing to cooperate. California has a mandatory 6-month waiting period from the date of case opening before a divorce judgment can be entered.
Common situations
Both spouses agree on most terms and want to finalize quickly
One spouse has significantly more assets or income than the other
Children are involved and custody is contested
One party suspects the other is hiding assets or income
The essentials
California is a no-fault, community property state
Minimum 6-month waiting period from date of case initiation.
Marital assets are generally split 50/50
Not all divorces require a court hearing — agreements can be reached outside of court
Litigation is expensive, slow, and unpredictable. If there’s a path to a fair settlement, I’ll find it. I’m not interested in billing for unnecessary conflict.
I investigate when something feels off
If I suspect income or assets are being hidden, I know how to dig. Forensic accounting, subpoenas, and discovery are tools I’ve used effectively to get a complete financial picture.
I set realistic expectations from day one
I won’t tell you what you want to hear just to sign a retainer. I’ll tell you what the law allows — and what a realistic outcome looks like for your specific case.
I hired Mr. Aguilar to represent me in my divorce case. Going through a divorce is stressful enough, and having to find a trustworthy attorney who you know has your very best interest at heart is no picnic. I was referred to Mr. Aguilar by a friend and was very pleased with his efforts. He worked diligently from day one and I was very pleased with the outcome of my case.
AlinaDivorce
5 out of 5 stars
I am forever thankful that a friend recommended Ben to me. Ben really took the time t listen to my side of the story. Ben went above and beyond. My ex was making really serious false allegations about my fitness as a father. Ben did not wait to get a mediator’s parenting plan recommendation instead he picked up the phone and set up appointments to talk in person with my son’s teachers. I was quite impressed that he was so hands on and really did everything he could to present the truth on the day we had our court hearing. Ben was able to show to the judge that my ex was lying because she did not want to deal with co-parenting. If you need an attorney that will listen and will play investigator and will do whatever it takes to show that you are a fit parent, you should definitely give Ben a call.
EricDivorce
5 out of 5 stars
My divorce, custody and visitation case started in 2012. I spent over $80,000 in attorney fees prior to retaining Ben. Once I retained Ben, I told him what I wanted to accomplish. He made no promises, but he started working on my case as soon as I left his office. Ben was able to finalize my case in 3 months. I wish I had come across Ben back in 2012 when I filed for divorce. I would have saved money and time.
LoriDivorce
5 out of 5 stars
Ben was great at handling my divorce. I had a bit of a unique situation and was worried about finding the right lawyer. After consulting with a couple different lawyers, I decided to go with Ben. He really took the time to understand my case and helped me feel comfortable about the process. Trust me, I had just about a million questions. He was empathetic and really good about keeping me informed during every step of the process. Just a great guy in general, but definitely aggressive when he needs to be.
RachelDivorce
5 out of 5 stars
My divorce case had been going on for almost a year when I contacted Mr. Aguilar. At that point my wife had requested a restraining order against me that included our 2 sons. I felt desperate because I knew I could lose my job and professional license if the restraining order was granted. Mr. Aguilar got the restraining order dismissed and also requested changes in the custody and visitation orders because it was clear that my ex wife had been lying during the entire process. Now, I get to see my children regularly, unsupervised and we have moved on with our lives.
Reviews reflect individual client experiences. Prior results do not guarantee a similar outcome.
FAQ
Frequently Asked Questions About Divorce
How long does a divorce take in California?
At minimum, 6 months — California has a mandatory waiting period from the date the dissolution petition is filed. Simple uncontested cases can be finalized close to that window. Complex or contested cases often take 1–2 years or longer. I’ll give you a realistic timeline based on the specifics of your situation.
Does it matter who files first?
Strategically, not usually — but there can be logistical advantages to filing first, including establishing jurisdiction and controlling the initial timeline. We’ll discuss whether filing first makes sense for your case.
Do we have to go to court?
Not necessarily. If you and your spouse can reach a full agreement — on property, support, and custody — the divorce can be finalized without a contested hearing. I always try to resolve cases through negotiation first, because it saves time, money, and stress.
How is property divided in a California divorce?
California is a community property state. Assets and debts acquired during the marriage are generally split 50/50. Separate property — owned before marriage, acquired after separation, or received as a gift or inheritance — typically stays with the original owner. Tracing and classifying property is one of the more complex parts of many divorces.
Will I have to pay spousal support?
Maybe. It depends on the length of the marriage, each spouse’s income and earning capacity, and the standard of living during the marriage. Spousal support is never automatic — it’s determined case by case. I’ll help you understand what’s likely given your specific circumstances.
What if my spouse is hiding income or assets?
That’s a serious issue, and I know how to address it. I’ve used forensic accounting tools, experts, discovery processes, and subpoenas to uncover hidden assets and income. If something doesn’t add up, we’ll investigate it.
I’ll give you an honest assessment of your situation, your options, and what a realistic path forward looks like. No pressure, no promises — just straight answers.
