San Francisco Divorce Attorney
Divorce Attorneys Providing Strong Representation in San Francisco, California
The San Francisco divorce lawyers at Fenchel Family Law PC understand that family law matters are stressful and can turn your life upside down, which is why we dedicate ourselves to helping our clients navigate these complex legal matters during their time of need. Our knowledgeable San Francisco divorce attorneys possess an in-depth understanding of family law in California, and we are able to provide a level of commitment and personal attention that is unmatched by other law firms.
If you’re facing a divorce and have questions about child support arrangements, property division, modifications, or other related issues, our attorneys wield the legal skills that you need. Contact the professionals at Fenchel Family Law PC today to learn more about how our skilled attorneys can help.
How Do I Get A Divorce In San Francisco?
‘If you decide to begin divorce proceedings in San Francisco, you will need to fill out a Petition. This petition for divorce gives family court some basic knowledge about your marriage and requests for orders you want the court to make regarding your property and children.
The San Francisco Divorce Process
If you decide to begin divorce proceedings in San Francisco, you (acting as the “petitioner”) need to fill out the following forms and file them with your local family law court:
- FL-100, Petition for Divorce. This Petition gives the court basic information about your marriage. It also allows you to propose arrangements for property division, alimony, child custody, child support, and other divorce-related processes. Form FL-160, a Property Declaration form, may be used to specify your desires for the property division process if there isn’t enough room on the initial form.
- FL-110, Summons. This form contains information about the divorce process and prohibits your spouse from taking certain actions, such as moving out of state with any children you share.
- FL-105/GC-120, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and Form FL-311, Child Custody and Visitation (Parenting Time) Application Attachment. If you share children under the age of 18 with your spouse, you’ll need to fill out these forms to acknowledge various regulations concerning child custody and support, as well as your desired child custody and support arrangements.
Working with an experienced family law and San Francisco divorce lawyer to ensure you fill out the forms correctly and propose reasonable arrangements is highly advised. After making copies of the forms, you can file them with the court clerk at your local court, initiating the divorce process.
After filing for divorce, you must serve your spouse (the “respondent”) with a notice of the Petition for Divorce. A third-party individual over the age of 18, such as a county sheriff or process server, must serve the respondent on your behalf. The server will fill out a Proof of Service of Summons Form FL-115 or (as well as a Notice and Acknowledgment of Receipt – Family Law Form FL-117 if you served the respondent by mail) to you. You must provide the court with these forms to verify the respondent is aware of the divorce filing.
After being served, the respondent has 30 days to respond to the Petition for Divorce. How the process proceeds from here largely depends on whether you’re filing for a contested or uncontested divorce.
Contested Versus Uncontested Divorce in California
If you and your partner agree on terms for all divorce-related processes such as property division, child support and custody, and alimony, you can file for an uncontested divorce.
If you disagree on any aspect of the divorce, you must file for a contested divorce.
- As part of filing for an uncontested divorce in California, you must draft an agreement with your spouse which both parties sign detailing the terms of the divorce. The petitioner can present this to the court. If the respondent does not respond to the Petition or waives their right to respond, the court can then sign and finalize the agreement, issuing a Decree of Divorce that enables the parties to dissolve their marriage using the terms they negotiated.
- If you file for a contested divorce in California, the process is typically much more complex and takes more time to resolve. The parties may try and use a form of alternative dispute resolution, such as mediation or collaborative law, to resolve their differences, draft an agreement, and move forward with an uncontested divorce.
Alternatively, they may proceed with a contested divorce and take the case to court. If this happens, the respondent will file a Response with the court detailing their own proposed terms for the divorce.
At this stage, the court may issue temporary orders to determine how the parties should handle processes such as child support or property division while the divorce is ongoing. After both parties attend a trial and the court evaluates their cases, the court will draft a Decree of Divorce that the judge presiding over the case determines is equitable for both parties, finalizing their divorce.
Whether you want to file for a contested or uncontested divorce in San Francisco, having an attorney by your side who understands the divorce process in California and can help you defend your rights is crucial.
Rely On Our Reputable San Francisco Divorce Attorneys
Divorce proceedings, matters involving child custody, and any conflicts dealing with family law can be emotionally devastating. These are the types of issues that need to be addressed with a careful, deliberate approach. Our attorneys approach each and every case with compassion and carefully tailor our legal strategies to ensure that your interests, as well as those of your loved ones, are always protected. We understand that these matters directly affect your real life.
At Fenchel Family Law PC, our seasoned San Francisco divorce attorneys are well-versed in a wide range of divorce and family law matters.
We are equipped to handle issues such as, but not limited to:
Contact Our San Francisco Divorce Lawyers Today
At Fenchel Family Law PC, we value the well-being and continued care of your family and loved ones above all else. Our team of proven attorneys takes pride in our ability to provide personalized, effective legal counsel, and we can help you navigate any family law matter you might be facing in California.