Divorce in San Francisco
A divorce, also called a dissolution of marriage, requires a legal proceeding in which one party petitions the family law court asking for a divorce to be granted.
The other party responds, and the litigation begins. Every state has laws covering how and under what circumstances a divorce will be granted. If you live in San Francisco, some general information may help you in pursuing a divorce.
Filing for Divorce in San Francisco
In California, you can petition the court for a divorce for any reason. You do not have to prove that the other party was at fault. All you are required to do in your divorce petition is say that there are “irreconcilable differences” to a degree that there is no hope of repairing the marriage.
In order to file your petition in San Francisco, you must have been a resident of the county for three months and a resident of California for six months. If you do not meet these requirements, your petition will be dismissed, and you will have to refile it when you meet the residency requirements. A Lvovich & Szucsko family lawyer can help you with the divorce petition and subsequent court hearings.
Issues to be Decided During the Divorce Process
There are important issues that must be resolved before the court will grant the divorce and enter a final dissolution order. These include:
Property Division. California is a community property state. All property you acquired during your marriage will be divided equally between you and your spouse. There may be some exceptions based on individual circumstances.
Child Custody. The state prefers you and your spouse to work this out between you. If not possible, the court has guidelines to follow in making a child custody and visitation order. The standard the court uses in making these orders is what is in the best interest of the child or children.
Child Support. As in child custody, the court prefers you to work this out between you, but if not possible, the court will use an established formula based on the income of both parties to make a child support order.
Spousal Support. Either party can request alimony from the other. The court evaluates each individual case on its own merit.
If you need assistance with any aspect of your divorce or are considering a divorce but have not yet filed a petition, contact us at Lvovich & Szucsko, P.C. You can call us at (415) 392-2560 to schedule an initial consultation. During the COVID-19 pandemic, we continue to provide services and can arrange a phone or video conference in order to meet all current social distancing requirements.