San Francisco Divorce Lawyers

While you should consult an attorney about your divorce, you might want to know something in advance about how the process usually works. Here's a look at some of the main divorce laws in California and the issues that often come up.

If you want to file for divorce in California, either your spouse or you must have been a resident of the state for at least six months before filing. There's also a three-month residency requirement for the county where you file the papers. These rules are meant to make sure that the court system has enough of a connection with a spouse to make binding decisions about their divorce.

In California, you don't need to worry about proving that someone was at fault to get a divorce. The state follows a "no-fault" system, which means most divorces are based on "irreconcilable differences." This simply means that the marriage isn't working out, without blaming either partner. In rare situations, a divorce can also be granted if one spouse has a permanent legal incapacity to make decisions.

However, just because there aren't many different grounds for getting a divorce doesn't mean that all California divorces look the same. There's an important distinction to keep in mind between an uncontested divorce and a contested divorce. In an uncontested divorce, your spouse and you work together to agree on all the important issues, such as dividing property, child custody, and support arrangements. Since you reach a settlement together, there's no need for a judge to step in and make decisions for you. If you can't agree on one or more issues, your divorce becomes contested. In this case, a judge will have to decide the unresolved matters.

Going through a contested divorce can often be more time-consuming, expensive, and stressful. However, there are ways to potentially reduce conflict and transform a contested divorce into an uncontested one. Mediation and collaborative divorce are two methods to consider. In mediation, a neutral third party helps both spouses reach an agreement. This approach allows for open communication and can often lead to a mutually satisfactory resolution. Collaborative divorce, on the other hand, involves each spouse hiring an attorney. Together, the four individuals work toward a settlement. However, it's important to recognize that some divorces simply cannot be resolved without the intervention of a judge.

In certain situations, California provides a very simplified form of divorce known as summary dissolution. This option can make the process much quicker and less complicated. To be eligible for a summary dissolution, you need to meet specific criteria. For instance, you should have been married for less than five years, your spouse and you must not have any children together, and you should not own any real estate. There are other requirements that you must fulfill, which are detailed in the California Family Code.

If your spouse and you have a prenuptial or postnuptial agreement, it likely outlines how you want your property to be divided in the event of a divorce. This can simplify the process significantly, since the agreement will probably guide the division of assets. However, if you don't have such an agreement and can't come to a mutual decision on how to divide your property, the judge will step in. In California, the judge will generally split your community property 50/50. Community property includes most assets and property acquired by either spouse during the marriage. It's important to note that even if only one spouse's name is on the title, California law typically considers it jointly owned by both spouses.

After a divorce, you will be able to keep your separate property. This includes any property you brought into the marriage, as well as certain types of assets acquired during the marriage. For instance, if you received an inheritance from a parent or a gift from a childhood friend, these would generally be considered separate property and would not be subject to division in a divorce.

Sometimes one spouse pays financial support to the other spouse after a divorce. A court ordering spousal support will look at the standard of living during the marriage. They'll also look at a long list of other factors, including:

• How long the marriage lasted
• The age, health, and needs of each spouse
• The extent to which the spouse paying support can afford to pay
• The property and debts of each spouse
• Whether and how much the spouse receiving support helped the other spouse pursue their education or career
• The aim of having the spouse getting support become financially self-sufficient in a reasonable time
• Implications under tax laws
• Any record of domestic violence

The law also allows a judge to go beyond the concerns that are specifically listed and consider other issues that might be appropriate in a certain situation.

If your spouse and you divorce before your children are grown, child custody will likely become a crucial issue. It's important to understand the two types of custody: physical and legal. Physical custody determines where the child will live. This can mean the child resides primarily with one parent while the other parent has visitation rights, or it can involve a shared arrangement where the child spends significant time with both parents. Legal custody, on the other hand, involves the authority to make important decisions about the child's upbringing. This includes decisions about which school they will attend, which religion (if any) they will practice, and the medical treatments they will receive.

Ideally, your spouse and you will be able to work out a parenting plan together. If the judge determines that the plan serves the best interests of your child, they will approve it and make it legally binding for both of you. However, if you cannot come to an agreement, the judge will need to create an arrangement that prioritizes your child's well-being. In making their decision, the judge will consider several factors. These include your child's age and health, their relationship with each parent, and each parent's ability to provide the necessary care. The judge will also evaluate whether there has been any family violence or ongoing substance abuse by either parent. Additionally, the child's connections to their home, school, and community will influence the judge's decision.

In some cases, one parent may be required to pay child support to the other. California, like most other states, follows the "income shares" model for determining child support. This approach takes into account the earnings of both parents, not just the parent who will be paying support. The state has established specific guidelines that judges generally follow when calculating child support. However, judges have the discretion to deviate from these guidelines if strict adherence doesn't make sense under the circumstances. For instance, if applying the formula results in a high-earning parent paying significantly more than what the child reasonably needs, the judge may adjust the amount. Similarly, if a child has a disability that requires additional support, the judge might decide on a different arrangement.

To start your divorce process, you'll need to complete a few key forms: a petition, a summons, and a local form. If your spouse and you have minor children, there will be additional forms to fill out. Once you have all of your documents ready, you'll submit them to the court clerk and pay a filing fee. If you're worried about the cost of the filing fee, you may be eligible for a waiver.

The next major step in your divorce case is "service of process." This means formally delivering the divorce papers to your spouse. While it might seem obvious to hand them over yourself, this isn't allowed. Instead, you'll need an adult who isn't involved in the case to take care of it. This task is often handled by the county sheriff or a professional process server. After the papers are delivered, the person who delivered them will fill out a form to confirm the delivery, which will then be submitted to the court. Your spouse will have 30 days to respond to the divorce papers. If they don't respond within this timeframe, you may be able to obtain a default divorce. This means the court can issue a final order based on your filings and any other evidence you've provided, even if your spouse chooses not to participate in the process.

In California, there is a mandatory waiting period before a judge can issue a final divorce order. This waiting period lasts for six months and begins once the spouse who didn't file the divorce papers has been served. This rule applies whether the divorce is contested or uncontested.

If your spouse and you can't agree on the terms of your divorce, you might have to go to a trial where each of you presents evidence and arguments to support your positions. However, if your disagreements are relatively straightforward, the court may be able to resolve them through a simpler hearing rather than a full trial. On the other hand, if your spouse and you can reach an agreement on all the terms, you can submit your written agreement to the judge. In most cases, the judge will accept it without much issue and turn it into the final judgment in your divorce. This final judgment carries the full weight of a court order, meaning either of you could face penalties if you violate any of its terms, just as you would for violating any other court order.

Divorce often poses challenges for each spouse, even if they haven't been married for a long time and even if they're not braced for a long courtroom battle. People living in the San Francisco area can take advantage of resources and services that might make the process a little easier.

The San Francisco County Superior Court has a department called Family Court Services, where mental health practitioners help parents work through disputes involving their kids. Family Court Services focuses on providing mediation in family law cases involving child custody and visitation. The Superior Court also offers a list of private custody evaluators, counselors, and parenting coordinators.

Meanwhile, the Superior Court operates a self-help center called the ACCESS (Assisting Court Customers With Education and Self-Help Services) Center. This provides legal information and referrals to other resources for people in family law matters who don't have an attorney. However, you should be aware that the ACCESS Center doesn't serve as an attorney and doesn't provide legal advice or keep what you tell them confidential. In addition to in-person services, the ACCESS Center provides a live chat and a live helpline during certain hours.

Going through an incident of domestic violence before or during your divorce can be a terrifying experience. The city government of San Francisco provides a list of resources for people who are experiencing this type of concern. In addition to government agencies operated by the City and County of San Francisco, the list includes non-profit organizations such as:

• APA Family Support Services
• Asian Pacific Islander Legal Outreach
• Asian Women's Shelter
• Bay Area Legal Aid
• Black Women Revolt Against Domestic Violence
• CARE at UCSF
• Community Youth Center of San Francisco - Young Asian Women Against Violence
• GLIDE Foundation - Women's Center
• Horizons Unlimited of San Francisco - Females Against Violence Program
• Jewish Family and Children's Services
• San Francisco Bar Association
• San Francisco City College
• San Francisco SafeHouse
• UCSF Trauma Recovery Center

The San Francisco Sheriff's Office also provides a list of resources, in addition to serving restraining orders for free and providing a survivor restoration program.

If you're thinking about ending your marriage, or if you've already decided that you need to move forward, you can check out the Divorce Law Center in the Justia Legal Guides. This free resource describes key issues that a spouse might encounter and some ways in which they might be resolved. You also can explore the California entries in the 50-state surveys in the Divorce Law Center. These cover topics such as:

• Uncontested divorce
• Property division
• Spousal support (alimony)
• Child custody
• Child support

Sometimes a San Francisco resident contemplating a divorce might want professional input on a certain question specific to their situation. For this type of need, we offer the Justia Ask A Lawyer platform. You can post your question there so that attorneys in San Francisco or elsewhere in California can share their thoughts. (However, Justia isn't a law firm, and a lawyer who answers your question on Justia Ask A Lawyer doesn't become your attorney.)

If you're ready to move forward with hiring a lawyer to guide you through your divorce, you should explore this page in the Justia Lawyer Directory to see the options in your area. If you're thinking about filing somewhere else, you can search for that city or county in the Justia Lawyer Directory instead.

The division of the San Francisco County Superior Court that hears family law matters like divorce cases is called the Unified Family Court. Here is the address to know:

Civic Center Courthouse
400 McAllister St., Room 402
San Francisco, CA 94102

You can call 415-551-3900 for assistance with family law matters. The office hours of the court clerk are 8:30 AM to 12 PM and 1 PM to 4 PM from Monday through Friday. A drop box is available from 12 PM to 1 PM from Monday through Friday.

Divorce can bring considerable challenges, especially when each spouse feels strongly about the issues on which they conflict. Having a committed attorney on your side can significantly affect the result. A lawyer gathers important documentation—like financial statements and witness testimony—and develops convincing arguments to support your position. They also comply with key deadlines, manage procedural requirements, and handle the paperwork to keep your case on track. Your attorney may even be familiar with the particular judge in your case. If they have presented arguments to them before, they may be able to tailor their approach to the judge's personality and preferences.

Even if your spouse and you plan to resolve matters amicably, having a lawyer assist with negotiations can be highly beneficial. They will closely review proposed terms, ensure that you understand all the provisions, and protect your rights. Their involvement can strengthen your bargaining stance, encouraging your spouse to be more flexible because you are clearly prepared to defend your interests.

If you already agree on all or most of the issues, you might think you can go it alone. However, it's still smart to get an attorney to look over your proposed agreement before it goes to the judge. They can spot any potentially overlooked concerns—such as unexpected tax obligations or unclear wording—and advise you on how to correct anything that could hinder the court from approving your agreement. Their perspective can help safeguard your long-term priorities.

Finding a reliable divorce attorney in San Francisco can feel daunting, due to the high number of available lawyers. Each one approaches cases differently, so picking the right person for your specific needs is crucial.

Experience is particularly important. Try to find someone with a strong record of success in situations like yours. If you expect that your spouse and you will contest the enforceability of a prenuptial agreement, for example, you may want to look for an attorney who has handled these types of disputes before.

Looking at feedback from former clients will show you how well an attorney meets expectations, and reviews from peers in the legal field may showcase the lawyer's professional standing. Ethics also matter. One small misstep from a long time ago might not be enough to end your interest in a lawyer, but repeated ethical problems or a serious violation should raise concerns. Check the State Bar of California to see if an attorney whom you're considering has a history of disciplinary issues.

Since most divorce attorneys offer an initial consultation, you can use this time to outline your circumstances and see if you feel comfortable with a lawyer's approach. You probably should aim to talk with multiple attorneys so that you can compare different viewpoints and find the person whom you trust most to meet your needs. Take your time with this choice. It may be among the most significant decisions that you make throughout the process.

1. What's the usual fee for a divorce lawyer?

   The cost of hiring a divorce lawyer typically depends on the amount of time they spend on your case, since most lawyers charge by the hour. This means that a complex and highly contested divorce will likely result in higher fees compared to an uncontested divorce. However, for simpler tasks, some attorneys might charge a flat fee. If you're worried about the cost, it's a good idea to ask the attorneys you're considering whether they offer payment plans.

2. Do we need to live separately before getting a divorce?

   In California, there is no legal requirement for the spouses to live separately for a certain period before getting a divorce. All that is needed to file for a divorce is to demonstrate irreconcilable differences, meaning that the marriage cannot be repaired. This simplifies the process, allowing you to focus on resolving any other issues related to your divorce.

3. Do I need to appear in court before a judge?

   Possibly not. You might be able to get a judgment by paper submission, which means that you don't need to appear before a judge, if you have an uncontested or default divorce. An uncontested divorce means that you agree on everything with your spouse, while a default divorce means that your spouse doesn't respond to the divorce papers.

4. How long will I need to pay spousal support?

   If your marriage lasted less than 10 years, it's generally assumed that you'll pay spousal support for half the length of the marriage. However, if you were married for more than 10 years, there's no set assumption, and you could be required to pay support for a longer period. It's important to note that you won't need to continue paying spousal support if your spouse remarries. Also, remember that spousal support isn't ordered in every divorce, so it's not a given that you'll have to pay it.

5. What's the difference between an annulment and a divorce?

An annulment is a legal judgment that a marriage was never valid in the first place. This option is available only under specific circumstances, such as fraud, coercion, lack of mental capacity, bigamy, or incest. In contrast, a divorce legally ends a marriage without questioning its prior validity. You can obtain a divorce based on irreconcilable differences with your spouse, making it applicable in a much wider range of situations compared to an annulment.