Filing for Divorce in San Francisco

For anyone considering filing for divorce in San Francisco, contested divorce, uncontested divorce, mediation and collaborative divorce are the available options. Each is based on the nature of the relationship between the husband and wife, the presence of children, and the amount of assets and debts accumulated in the time the spouses were married. The firm of McDonald & Mannion believes that the wisest approach to divorce whenever possible is mediation, not litigation.

A mediator facilitates discussion of the issues, and saves time. Because you are cooperating, the process allows for a more amicable termination of your relationship, better protecting your interests and the interests of others, such as children, who may be involved. A skilled mediator knows how to reduce stress and often can bring about a quicker resolution of contentious issues. Our firm has years of experience and proven results in mediation of divorce in San Francisco.

Forms of divorce

To better understand the San Francisco divorce process, we offer the following information about the various forms of divorce:

• Contested divorce: For whatever reason, one member of the couple disagrees with either the terms or the divorce itself. A contested divorce in San Francisco might involve expensive property, excessive debts, or a dispute over child custody and support. Contested divorces in San Francisco and throughout California require an experienced divorce attorney who can guide his or her clients through the financial and child welfare components of marriage dissolution.
• Uncontested divorce: It is much less time consuming and costly when both parties are largely in agreement over ending the marriage and the terms of the divorce.
• Mediation: With divorce mediation in San Francisco, the spouses can advocate personal interests with a mediator present to facilitate the process. Like collaborative law, mediation is a non-adversarial approach to divorce. Read more about the differences between mediation and collaborative divorce.
• Collaborative divorce: The San Francisco and California divorce process allows couples to follow a non-adversarial path, where a team of specialists—typically an attorney, divorce coach, financial consultant, and child specialist—work at finding an amicable agreement that serves everyone’s interests.

A mediator may be appointed by the judge or engaged by the couple themselves to negotiate terms as a neutral third party. In San Francisco, uncontested divorce cases may engage a mediator as frequently as with contested divorces.

The San Francisco divorce process

By California statutes, one spouse (the petitioner) files for divorce in a state court with the assistance of his or her attorney after which the other spouse (the respondent) is served the petition. The petition provides identification, profile, and contact information for both spouses and children (if any), marriage date and location, acknowledgment of residency in the state, grounds for the divorce, and a declaration or request regarding divorce terms. It addresses the following topics:

In most marriages, this leads to a legal separation. Technically, the couple remains married in a separation period. However, it is a time when terms for the marriage dissolution are being tested. If both parties agree on the arrangement, these points often become the terms of the final divorce decree.

The San Francisco firm of McDonald & Mannion has four decades of experience with family law, including more than 1,000 successful mediations. Contact the firm for more answers to your divorce questions. For your convenience, we also offer services in Spanish.