There is no such thing as an absolutely painless separation. That being said, dissolving your marriage does not need to be an acutely painful ordeal. Not everybody that obtains a divorce in San Francisco County, CA, goes through a complicated court case, and not every divorce situation takes years to resolve.
If you live in the San Francisco bay area, you’re subject to the laws of San Francisco County as well as general California law as you pursue your divorce. Here are some basics on how to file for divorce in San Francisco County, CA, that you should be aware of. By learning a bit about the process now, you can ensure you have your ducks in a row when you go to the central courthouse.
California: A No-Fault Divorce State
Divorce documents must give a reason for your divorce. This enables faster processing of a divorce certificate for both partners. Couples often opt for a divorce result of irreconcilable differences. Because California is a no-fault state, this simple term encompasses the reason for many divorces.
A no-fault separation means you don’t have to try to blame your partner for the divorce. In the majority of states, a no-fault divorce is accomplished by stating under oath in court or in papers that you as well as your partner have irreconcilable differences or are inappropriate.
Uncontested and Contested Divorce in San Francisco County
There are a few options to consider as you get your divorce forms together for the San Francisco County Courthouse. A divorce process in which both parties have a shared agreement is called an uncontested divorce process or collaborative separation. However, if your partner provides an action to your divorce request, you’ll have a contested divorce instead. In this section, you’ll learn about uncontested and contested divorce.
How to File for Divorce in San Francisco County, CA
Before we get into uncontested and contested divorce, we want to touch briefly on the dissolution of marriage because it’s by far the easiest option if you qualify according to the family code. Spouses who don’t have kids or real estate together and who weren’t married for long might qualify for dissolution of marital relationship if their separation is uncontested. You can read more about the dissolution of marriage here.
Uncontested Divorce in San Francisco County, CA
Can you and your soon-to-be-ex agree on normal divorce topics like the division of assets in the marital estate? If you have minor kids, can you make decisions concerning parenting time as well as financial support without getting into an argument? If so, you can get an uncontested divorce.
This type of divorce is the easiest and cheapest option for getting your divorce judgment forms if you can manage it. The cost is lower because the grounds for separation are mutually agreed upon, and therefore there is less work to do with an arbitrator or attorneys.
How Uncontested Divorce Works in San Francisco County, CA
To pursue an uncontested divorce, one spouse submits a divorce request with the appropriate filing fees. Then you both submit an assessment of your financial assets (separate property and marital property, including estate files and property records) along with a marital negotiation arrangement. At that point, you can ask the court for the last separation judgment.
There is a mandatory waiting period of six months to get a divorce in California. As long as you qualify, your legal forms for divorce will be approved a divorce decree record issued after that time.
Contested Divorce in San Francisco County, CA
The uncontested divorce process is ideal, but it is often impossible. If you and your partner disagree regarding finances or parenting time, you may have to pursue a contested divorce instead. In this case, one spouse submits a divorce petition with their requests regarding separation while the other spouse files an action with their requests. After that, the parties generally participate in arbitration until they can settle on a marital negotiation arrangement.
If you as well as your partner need assistance in exercising parenting plans or family law, this is likely the best option for you. It ensures neither party is taken advantage of during the legal process.
How Contested Divorce Works in San Francisco County, CA
If compelled to undertake a contested divorce, prior to court, you need to submit all the forms required along with the paper fee. Vital aspects such as division of marriage residential property and parenting problems are then resolved prior to your court date via an arbitrator or divorce lawyers. These aspects, which will be finalized in your court hearing for a contested divorce, consist of:
- Division of residential property and other property issues
- Child support
- Division of debt
- Declaration of marital property and separate property
- Child custody and child visitation
Divorce with Children in San Francisco County
Although divorce with children might normally take longer than a childless divorce, it’s the very best method to guarantee the protection of your minor kids. The process of divorce with children decides important issues such as child custody, visitation, and child support. This is even more crucial if there is any child neglect, endangerment, or domestic violence at play.
If you can’t agree on parenting arrangements with your partner, you may want to consider a divorce moderator or divorce lawyer. On the other hand, if you and your partner can be amicable and negotiate on your own, you might not need to spend hundreds of bucks on separation attorneys or a divorce attorney.
San Francisco County Divorce FAQ
If you still have questions about your divorce forms in San Francisco County or in San Francisco city itself, don’t worry! Here are three queries we get all the time about getting your divorce officially filed away in the San Francisco County records.
Where Can I File for Divorce in San Francisco County?
The San Francisco Superior Courthouse is located at 400 McAllister St, San Francisco, CA 94102. You can also take advantage of some online options, such as a live chat about divorce and dissolution of marriage, on the county courthouse website.
How Long Does It Take to Get a Divorce in San Francisco County?
No petition for dissolution of marriage is alike, yet obtaining a divorce process in San Francisco County takes at least 6 months due to the mandatory California waiting period. Even if the parties have actually settled on all the details about their divorce proceedings, the earliest date that a family court can state the marriage has ended is six months after the date you served the non-filing partner with initial documents. So, if you offered your spouse a petition for divorce legal forms on June 1, you could be officially divorced by December 1.
However, there are reasons divorce can seem to stretch on and on. First of all, you have to meet specific residency requirements or your case can be thrown out. If you make a mistake on any of your separate documents you can incur extra costs, have to redo the entire document, and drag out the process further. Finally, the more complex your divorce is, the longer it will likely take. For example, one wealthy couple’s contentious divorce dragged on for a whopping 21 years in New York.
What If My Partner Is MIA?
If your partner ghosted you and you don’t have family relationships or even any existing contact information for them, you can still file for divorce. If your partner does not respond to the default judgment within 35 days after you file the proper papers and release a notification in the paper regarding your divorce declaration, you can ask for a default judgment. In this instance, the court will likely grant the requests you made in the separation request.
We Make Filing for Divorce Easy in San Francisco County
For numerous divorcing couples in San Francisco County, the very best remedy is not a pricey family law attorney. Instead, you can hire an online service for legal document preparation to prepare your divorce forms in San Francisco County. A People’s Choice can aid with any kind of separation and keep your separation filing costs nice and low.
A legal document assistant such as A People’s Choice can assist you in submitting your original application for divorce and other optional forms completely and correctly without pricey legal representation. Our online divorce resources can help you do this from the comfort of your own home, and you can check out our sizable online collection of blog posts for more information. Get in touch with A People’s Choice to get the proper papers for your separation completed quickly so you can walk out of the county courthouse and get on with your life.