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.

If You’re Dealing With a Divorce, You Already Know How Hard This Is

Most people come to me already exhausted. They’ve been trying to figure this out on their own — and it’s not working.
You’re not sure what you’re entitled to — or what you might lose
The other side has an attorney and you feel like you’re already behind
You want this handled fairly, quickly, and without turning your life into a courtroom drama
You’re not overreacting. This is complicated. And you deserve someone who will tell you the truth about what’s possible.

What’s at Stake in Your Divorce

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
County Hearing Officer, County of San Diego
Consulting Attorney, Mexican Consulate San Diego
Bilingual — English and Spanish

Here’s How Your Divorce Case Moves Forward

1

Book a Consultation

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.
2

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.
3

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.

Ready to Talk Through Your Divorce Case?

I’ll give you straight answers about what to expect — and help you figure out the right next step.

What to Know About Divorce in California

California is a no-fault divorce state — which means you don’t need to prove wrongdoing to file. 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.
Quick Facts
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
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

How I Approach Divorce Cases

I look for the agreement first
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.

What Clients Say About Their Divorce Cases

Divorce
My children’s father has taken me to court multiple times over the years. Ben has been my attorney for the past 6 or 7 years and I keep coming back to him because he always goes above and beyond my expectations. I have referred friends, family, and neighbors to him because I trust him.
Karina
Divorce
Ben represented my best friend in his divorce case and he recommended him to me. I contacted Ben as soon as I was served with divorce papers and I met with him the next day. He guided me through the process and helped me keep my expectations realistic. Ben suggested a four-way settlement conference with my wife and her attorney to try to negotiate a settlement. We ended up settling the case after 2 settlement meetings. I am thankful Ben was able to help me because this could have been an expensive process if we went to court for our divorce.
Fernando
Divorce
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.
Eric
Divorce
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.
Richard
Divorce
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.
Lori

Frequently Asked Questions About Divorce

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.
Schedule a Consultation

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.
Schedule a Consultation

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.
Schedule a Consultation

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.
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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.
Schedule a Consultation

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.
Schedule a Consultation

Serving Clients Throughout Southern California

San Diego County
Orange County
Riverside County
Los Angeles County
San Bernardino County
Imperial County
Northern California (select matters)
Cases are filed in the superior court of the county where the parties reside. Contact us to confirm jurisdiction for your situation.

Our Other Practice Areas

Domestic Violence & Restraining Orders

Whether you need protection or you're defending against serious allegations, domestic violence and restraining order cases move quickly — and the consequences are lasting. I represent both sides with urgency, precision, and no unnecessary drama.
Learn More

LGBTQ+ Family Law

LGBTQ+ families navigate the same legal challenges as anyone else — plus a few that are specific to their situation. I've been advocating for LGBTQ+ clients and their families in San Diego for over a decade, and I bring both legal knowledge and genuine understanding to every case.
Learn More

Divorce & Separation

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.
Learn More
Child Custody & Parenting Plans

Child Custody & Parenting Plans

Custody disputes are emotionally intense — and the decisions made now will shape your children's lives for years. I help parents build parenting plans that protect their relationship with their kids, hold up in court, and avoid unnecessary conflict.
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International Child Abduction

International child abduction cases move faster than almost any other matter in family law. I have direct experience with Hague Convention proceedings, U.S. State Department coordination, and cross-border custody emergencies. If your child has been taken — or if you're facing a return petition — you need to act now.
Learn More

Child & Spousal Support

Child and spousal support can be the most financially consequential part of a divorce or separation. I help clients in San Diego establish, negotiate, and modify support orders that are accurate, fair, and built to last.
Learn More

Ready to Talk About Your Divorce Case?

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.
This page is for general informational purposes only and does not constitute legal advice. Results depend on the specific facts of each case.
Bilingual family law support for people navigating divorce, custody, and protection orders in San Diego.
1420 Kettner Blvd., Ste. 300
San Diego, CA 92101
619-752-0125
[email protected]
The information on this website is for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship.


Serving the following Southern California counties: San Diego, Imperial, Orange, Riverside and San Bernardino.
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