Divorce & Legal Separation Attorneys in San Francisco Bay Area
The Bay Area Law Group provides sound, compassionate divorce attorney services for Bay Area families.
Schedule a ConsultationLegal Separation vs. Divorce in California
Divorce ends the marriage. Legal separation does not.
Legal separation keeps the marriage legally intact but allows the court to step in on key issues like property, custody, and support. Some clients want legal separation for health insurance reasons, religious concerns, or as a legal pause before finalizing a divorce.
Once divorced, both parties regain the right to remarry. If you’re unsure about which option fits your situation, we’ll walk you through the pros and cons based on California law.
California Divorce Laws for Property Division
California treats most property and debt acquired during the marriage as community property. Assets owned before marriage or received as inheritance usually remain separate.
We review all financial details, including real estate, business interests, investment accounts, and debts. When an asset is claimed as separate property, we work with you to gather the documentation and evidence needed to prove its separate character in court. Asset tracing often becomes necessary, especially in high-value or commingled cases.
When appropriate, we bring in financial experts to assist with tracing ownership, conducting post-separation accounting (to follow how funds have been spent or transferred), uncovering hidden or undisclosed accounts, and determining the accurate value of assets and liabilities.
Our goal is to ensure you receive your fair share of the marital estate. We prepare every case with trial in mind, so if the other side refuses to settle, we are ready to present clear, compelling evidence in court.
California Child Custody, Visitation, and Support
Custody in California has two aspects: legal custody (decision-making rights) and physical custody (where the child lives). We help clients pursue stable, realistic parenting plans that protect the child’s best interests. Visitation schedules are part of most custody orders and outline when each parent spends time with the child, including weekends, holidays, and school breaks.
Parenting plans should reflect the child’s schedule, health needs, education, and each parent’s ability to maintain consistency. California courts want both parents to remain involved when possible, but every case is different.
We use facts, not guesswork, to build parenting plans that work in and out of court.
Child support is calculated through a state formula that considers income, custody time, and specific expenses. Accurate income reporting plays a major role in support outcomes. We help you present full, honest financial disclosures and spot potential errors in the other party’s reports.
Support orders can be modified later if income or custody arrangements change. If you need to revisit a support or visitation order, our team will guide you through the legal process to request or oppose a change.
Spousal Support in California Divorce
Spousal support may apply during or after divorce. Temporary support covers immediate needs while your divorce case is pending. It is based on the supported spouse’s needs and the supporting spouse’s ability to pay. Temporary spousal support is often calculated using a computer program or formula.
Long-term or permanent spousal support comes into play at the final stage of your divorce case and is intended to provide financial assistance in long term marriages based on the circumstances after property has been divided. There are various factors that the court has to consider when assessing permanent spousal support which include:
- Each spouse’s earning capacity and job skills
- The standard of living during the marriage
- Length of the marriage
- Contributions to the other spouse’s education or career
- Age and health of both spouses
- Documented history of domestic violence
- Tax implications of support payments
- Financial need and ability to pay
We prepare the financial record necessary to establish your position on support. Court ordered payments must be honored, and we take action to enforce or adjust orders when needed. Whether through negotiation or trial, we are committed to securing support orders that stand up and protect your financial wellbeing.
Divorce Mediation and Settlement Options
Mediation lets both parties stay in control. Instead of leaving key decisions to a judge, you work toward resolution with help from a neutral third party.
It’s a faster, lower-conflict option for many families. Mediation can cover custody, support, property division, and shared debt.
We guide you through the process to ensure your interests are clearly presented and persuasive. We prepare you and help you weigh settlement proposals so you fully understand your options. If full agreement is not reached, we are ready to pivot and prepare a strong case for you in court.
How the California Divorce Process Works
Divorce follows a set process in California. Here’s what to expect:
Filing the Petition
One spouse files the petition and pays the court fee.
Serving the Papers
The petition is formally delivered to the other spouse.
Response
The other spouse files a response and pays their own appearance fee, or risks default.
Financial Disclosures
Both sides exchange detailed records of income, assets, and debts.
Discovery
Each side can request additional information or documents to fully understand the finances and issues. This ensures you have the facts needed to make informed settlement proposals and make progress in negotiations.
Mandatory Settlement Conference
Every case must go through a Mandatory Settlement Conference (MSC), where the parties try to reach a settlement agreement. If no settlement is reached at MSC, the case moves forward to trial.
Judgment and Follow-Up
The divorce becomes final when the court issues a judgment. Once your divorce is finalized, we handle any post-judgment issues, like enforcement or modification.
Why Clients Choose Bay Area Law Group
We don’t pass your case off to staff or case managers. Clients work directly with an experienced attorney from day one.
We know how courts operate across San Francisco, San Mateo, and Alameda counties. That matters when filing deadlines, judge preferences, and local rules affect your outcome.
Our approach is hands-on, personal, and clear. We don’t flood you with legal jargon. We give you plain answers and real strategies.
Divorce and Separation Cases We Handle in San Francisco
| Case Type | Description | Ideal For |
|---|---|---|
| Uncontested Divorce | Flat-fee option for spouses who agree on all terms | Short-term marriages with no kids and limited assets, or marriages where both parties are in full agreement on all issues. |
| Contested Divorce | Disputes over custody, property, or support; may involve court proceedings. | There may be disagreement on some or all issues. |
| Complex Divorce | High-conflict cases that require strategic negotiation or litigation | Cases with significant assets, business interests, or contentious custody disputes. |
| Default Divorce | Spouse fails to respond; handled through court-approved default judgment | Clients with missing spouses or unresponsive partners. |
| High-Net-Worth Divorce | Complex asset division, including privately held business interests, equity compensation, RSUs, stock options, and diverse investment portfolios | Professionals, business owners, or clients with substantial assets. |
| Same-Sex Divorce | Tailored support for LGBTQ+ clients, including parentage and asset matters | Same-sex couples facing custody or property challenges. |
California Divorce Laws: FAQs
A minimum of six months. Most cases take longer depending on the level of conflict and how quickly financial documents are exchanged.
Yes. California is a no-fault divorce state. You do not need consent from your spouse to move forward.
You can still file in California as long as you meet the residency requirement.
You file a post-judgment request for order. We help you gather the documents and information needed to support your request and prepare you for the hearing.
Schedule a Consultation With a San Francisco Divorce Attorney
Get answers before you take action.
We offer consultations with a licensed attorney to discuss your options. Call now or use our scheduling form to choose a time that works for you.
Divorce & Separation Services Throughout the Bay Area
Bay Area Law Group provides divorce & separation representation to clients in the following communities:
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