San Francisco Divorce Attorneys
The Divorce Process
Before filing for divorce in San Francisco or anywhere else in California, it’s important to have a solid understanding of California’s divorce laws and divorce process. The divorce process starts by filing a petition with the divorce court. However, before you even file this petition, you need to make sure you meet certain residency requirements. To be granted a divorce in California, you must have been a resident of the state for at least six months prior to filing your petition. In addition, you must also be a resident of the county in which you file your petition for at least three months. As long as you meet both of these residency requirements, you can file your divorce petition. Furthermore, there are no legal grounds for divorce in California. You can file for divorce on “irreconcilable differences.”
After you file your petition with the court, your spouse will be served with divorce papers. After receiving the divorce papers, your spouse can either agree to sign the papers and proceed with the divorce, or he/she can contest the divorce. If your spouse decides to contest the divorce, then you will be required to attend trial and argue your reasons for divorce before a judge.
If your spouse agrees to the divorce, then you can move on to the next step, which involves determining the terms of your divorce. At this time, you and your spouse will need to make important decisions over such matters as property division, child custody, child support, and spousal support. The court gives you and your spouse the opportunity to settle your divorce on your own terms. However, if you and your spouse cannot amicably resolve your divorce or reach mutual decisions, as is the case in contested divorces, then the court will decide the terms of your divorce for you.
It should be noted that there is a mandatory six-month waiting period for all divorces in California. This means that you must wait six months from the date you file your divorce petition, or from the date your spouse received the divorce papers, before the court will finalize your divorce. However, this usually isn’t a problem since most divorces take longer than six months to resolve.
Contact a San Francisco Divorce Lawyer
Do not head into the divorce process without the representation of skilled San Francisco divorce attorney. There are many aspects of a divorce that can be difficult to understand. If not done correctly, it can delay your divorce paperwork from being filed and finalized with the court. If you are ready to file for divorce, we can help you help you take the appropriate steps and make sure all paperwork is properly filled out and filed. We will represent you at all stages of the divorce process, including in court or in mediation to determine the terms of child custody, child support, spousal support, and property division. During this time we can make sure your rights are upheld and that your specific needs and objectives are respected and ultimately achieved. If for some reason you and your spouse cannot amicably resolve an issue, we can help you work through your differences to reach a mutual decision. Most importantly, we are here to protect your rights and make sure the divorce goes smoothly, without any delays or obstacles.
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