San Francisco is one of the most expensive places in the country to live. Getting a divorce makes your finances even more complicated. This list of the best divorce lawyers in San Francisco can help you find a lawyer with extensive experience with San Francisco divorces.
Best Divorce Attorneys in San Francisco
Compare Top Divorce Attorneys
Filing for Divorce in California
It is relatively straightforward to file for divorce in San Francisco. However, that doesn’t mean the divorce process is easy. Most couples filing for divorce hire San Francisco divorce lawyers to make the process go more smoothly and take less time.
California Divorce Requirements
The requirements to file for a divorce in California are similar to many other states. You or your spouse must have resided in the state for at least six months, and whoever files for the divorce must have resided in the county where the divorce is filed for at least three months. There is no need to separate before the divorce.
Types of Divorce and Separation in California
There are two types of divorce in California: no-fault divorce based on irreconcilable differences and divorce due to a spouse being legally incapacitated. Nearly all divorces in the state are the former. If someone files for the other type of divorce, they need to provide medical or psychiatric evidence that their spouse is unable to make decisions.
California also allows for legal separation. The results of legal separation are nearly identical to the results of divorce, except the couple technically remains married. The main benefit of a legal separation is that there are no minimum residency requirements to file for separation as long as at least one person in the marriage lives in California.
Child Custody, Support and Visitation in California
California law allows for several different types of child custody arrangements:
- Joint legal custody. The preferred arrangement is one where both parents have an active role in the child’s life, though one is the custodial parent. The non-custodial parent has significant visitation privileges, usually approaching 50% of the time.
- Sole legal custody. This arrangement usually only occurs when the other parent has committed some type of abuse. Typically, the other parent will still have limited supervised visitation rights.
- Shared parenting. Parents share legal and physical custody in this arrangement. If both parents are amenable, this is usually best for the child.
- Sole physical custody. If the other parent is not present or does not wish to have a role in the child’s life, or the court finds it is not in the best interest of the child to have contact with that parent, the other parent will have sole physical custody.
- Split custody. This extremely rare arrangement is one where each parent gains primary custody of different children, breaking up where siblings live. This is usually only used when it is necessary for financial or psychological reasons.
Property Division in California
California is a community property state. All assets and debts incurred while within the marriage are considered marital property. During divorce, marital property is split 50/50 or as close as possible if decided by the courts.
However, this assumes that property division is left to the courts. That can be avoided in several ways. First, if both parties signed a prenuptial agreement, typically, the courts will respect an agreement regarding property division and alimony, assuming it was legally entered. Second, in an uncontested divorce, when both parties agree on all issues, the courts will respect the will of the divorcing couples as long as the agreement is reasonable.
Filing and Serving Your Divorce Papers
Filing divorce papers in California is fairly easy. Divorce forms are available on the California Courts webpage, and all divorce lawyers in San Francisco have copies of them as well. Once these forms are properly filled out, they need to be filed with the county court where the filer lives.
If both parties to the marriage file jointly, the process is complete. However, if not, then the person filing them must also notify their spouse, otherwise known as serving them with divorce papers. Typically, this is done by having an adult (usually the county sheriff or a professional process server) who is not a party to the divorce physically hand the papers to the other spouse. The server will then file a Proof of Service form with the court.
Finalizing Your Divorce
As easy as California makes it to file a divorce, finalizing a divorce is surprisingly complex. First, there is a six-month waiting period. This waiting period starts either when the other party is served with divorce paperwork or makes their first appearance (usually at a court hearing).
Once the six months have passed, the divorce isn’t finalized until additional paperwork is submitted to the court and a final judgment is issued.
How Can an Attorney Help You?
Divorce lawyers in San Francisco provide various types of assistance during a divorce. Beyond ensuring that your divorce is legally sound, they provide a more important service. They have no emotional attachment, which means they don’t let anger, sadness or any other emotion interfere with the process.
This is particularly helpful if you are involved in a contentious divorce. Divorce lawyers in San Francisco can potentially diffuse that contentiousness and mediate an agreement that saves you and your spouse time and money. If the case goes to trial, your attorney will fight to get you the assets and child custody that is best for your future.
How to Find the Best Divorce Lawyer in San Francisco, CA
Looking for the best divorce lawyers in San Francisco? Reading this guide is a great start. To further narrow down your choice, consider the following factors:
- Non-adversarial options. Some divorce attorneys avoid adversarial approaches and offer alternative dispute resolution. If you are looking to save money or want a faster divorce, these lawyers will likely be preferable.
- Trial experience. However, avoiding trial isn’t always an option, and when a trial is needed, you want an attorney who has extensive trial experience. Before choosing one, ask them about their results at trial.
- Languages spoken. A divorce requires a lot of conversation between the lawyer and the client. Those conversations will be a lot easier if the lawyer speaks your native language.
Methodology
To come up with the best divorce lawyers in San Francisco of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Frequently Asked Questions (FAQs)
When does separate property become marital property?
Under California law, separate property becomes marital property if it is commingled or the non-owner spouse contributes to the value of the property. Thus, for example, if you inherit a house, it could become marital property if your spouse helped fix it up or paid part of the taxes on that property.
Does it matter if my partner cheated on me in a California divorce?
No. California courts do not take infidelity into account when distributing property. There is a slight chance it could matter in child custody deliberations if that cheating resulted in psychological harm to your child or alienated your child. However, typically, infidelity is not a factor in California divorce decisions.
Is the mother more likely to be granted child custody in a divorce in California?
No. California laws require judges to give no preference to either parent in custody disputes based on gender. All decisions about child custody are based on what is best for the children.