San Francisco Divorce Lawyers

Frequently Asked Questions

• Are there legal grounds for divorce in California?

In California, a couple does not need to meet any legal grounds to be eligible for divorce.  A couple can file for divorce on the basis of “irreconcilable differences.”

• What are the residency requirements for divorce in California?

To file for divorce, a couple must have lived in California for at least six months.  In addition, they must have resided in the county in which they filed for divorce for at least three months.  As long as these residency requirements are met, a couple can file the divorce petition.

• How long does the divorce process take?

The length of the divorce process depends entirely on how quickly the parties are able to settle the terms of their divorce, such as child custody, spousal support, child support, and property division.   When a couple is able to reach a mutual decision regarding these aspects of a divorce and put their differences aside, the divorce process will be resolved much sooner. However, if a couple cannot amicably agree on any aspect of their divorce—requiring the court to get involved—the divorce process will take much longer.  However, all divorces in California have a six-month waiting period. This means a divorce will not be finalized until 6 months after the petition has been filed.   This usually isn’t a problem as most divorces take more than six months to conclude.  

• What is the difference between contested and uncontested divorces?

Contested divorce refers to a tumultuous divorce, one that is ridden with arguments and disagreements.  Contested divorces are highly unfavorable, as they are not only much more stressful and frustrating, but they are also more time consuming and expensive.  An uncontested divorce refers to a divorce in which the parties are able to put aside their differences to respectfully and cordially decide upon such aspects of a divorce as spousal support, property division, child custody, and child support.  When both parties are able to discuss the terms of divorce in an agreeable manner, it is a much easier and pleasant process for everyone involved.

• What kind of property is eligible for equitable distribution?

Only marital property is eligible for distribution during divorce unless specified otherwise in a prenuptial agreement or some other legal document.  Marital property refers to any assets, money, or property that was acquired during the marriage by either party, with the exception of gifts and inheritances.

• Will I have to pay spousal support?

If you made more money than your spouse then you will most likely have to pay some form of spousal support.   However, if your spouse doesn’t ask for spousal support than you most likely won’t have to pay.   When it’s left to the court to decide, the judge will consider such factors as the duration of the marriage, each spouse’s ability to earn an income, whether one spouse stayed home to care for children, and the standard of living during the marriage. 

• How long will I have to pay child support?

Child support is generally paid until the child reaches 18. However, in certain circumstances child support payments can be extended to help pay for educational needs or medical-related care.

• How can I make sure I retain custody of my kids?

The only way to make sure you retain custody of your children is to fight aggressively in court.  The court will rule in favor of the child’s best interest.  If you can prove it’s in your child’s best interest to remain in your custody, then the judge will likely grant you at joint custody at the very least.

To learn more about the divorce process, contact a San Francisco divorce attorney at our firm today!