San Francisco Divorce & Family Law FAQ

Divorce and family law questions rarely show up one at a time. Below are straight answers to the ones we hear most from clients across the San Francisco Bay Area, from how long a divorce takes to how custody and support work.

Starting a Divorce

How long does a divorce take in California?

A California divorce takes at least six months. The state requires a waiting period of six months from the date your spouse is served with the divorce papers before a court can finalize the divorce. Uncontested cases often wrap up close to that six-month mark. Contested cases with disagreements over custody, property, or support commonly take a year or longer.

Learn more about the divorce process in California.

Who can file for divorce in San Francisco?

You can file in California if you or your spouse has lived in the state for at least six months and in the county where you're filing for at least three months. If you don't meet those residency requirements yet, talk with an attorney about your options before you file anywhere, since timing and location can matter.

If you're not sure where to start, you can request a consultation.

Do I have to prove my spouse did something wrong to get divorced?

No. California is a no-fault divorce state. You only need to state that you have irreconcilable differences, which means the marriage has broken down for reasons that can't be fixed. In most cases, fault doesn't change how property is divided or whether support is ordered, though a court can consider domestic violence when making certain decisions.

Our divorce attorneys can walk you through what this means for your situation.

What's the difference between a contested and an uncontested divorce?

In an uncontested divorce, you and your spouse agree on the major issues, like property, support, and a parenting plan, so there's little or nothing for a judge to decide. In a contested divorce, you disagree on one or more of those issues and may need negotiation, mediation, or a court ruling to resolve them.

Read more about uncontested divorce and contested divorce.

What's the difference between mediation, collaborative divorce, and going to court?

Mediation uses a neutral third party to help you and your spouse reach your own agreement. In a collaborative divorce, each spouse hires an attorney and everyone agrees to work toward a settlement without going to court. In litigation, a judge decides the issues you can't resolve. Many people mix approaches, such as working with a consulting attorney during mediation.

See our guide to collaborative divorce vs. mediation in San Francisco, or learn about mediation consulting.

Will my divorce go to trial?

Many divorces settle without a full trial, but some don't. We encourage clients to settle when a fair agreement is available, and we don't get in the way of a mutual agreement. We also prepare every case as if it could go to trial, because strong preparation often leads to a better and quicker settlement, and it puts you in a solid position if trial becomes necessary.

Learn more about how we handle contested divorce.

Property, Support, and Agreements

How is property divided in a California divorce?

California is a community property state. Generally, assets and debts either spouse acquired during the marriage belong to both spouses equally, and a court divides them equally unless you agree to something different. Property you owned before the marriage, plus gifts and inheritances you received, is usually your separate property. Things get more complicated when the two mix, such as when community funds pay down a mortgage on a home one spouse bought before marriage.

Read more about property division or browse our posts on separate property reimbursement.

What happens to the house in a divorce?

It depends on when the home was bought, how it was paid for, and what each spouse wants. A home bought during the marriage is typically community property. Common outcomes include one spouse buying out the other, selling the home and splitting the proceeds, or in some cases one spouse staying in the home for a set period, often when children are involved.

Our property division page covers the options in more detail.

How is spousal support decided in California?

A judge weighs factors set by California law, including how long you were married, each spouse's earning ability and needs, the standard of living during the marriage, and each spouse's age and health. Support can be temporary while the case is pending or longer term after the divorce is final. For shorter marriages, courts often use a rule of thumb of about half the length of the marriage, but that isn't guaranteed. For marriages of ten years or more, the court usually keeps the ability to revisit support later, so there may be no set end date.

Learn more about spousal support.

Do I need a prenuptial or postnuptial agreement?

A premarital (prenuptial) agreement is a written contract you sign before marriage that sets out how property and support would be handled if the marriage ended. A postnuptial agreement does the same thing after you're married. To hold up in California, an agreement generally needs to be voluntary, in writing, and based on honest disclosure of assets, and each person should have their own attorney. They're worth considering if either of you owns a business, has significant assets or debt, or has children from a prior relationship.

Learn more about premarital and prenuptial agreements and postnuptial agreements.

Children: Custody, Support, and Parentage

How does California decide child custody?

California courts decide custody based on what's best for the child's health, safety, and welfare. There are two parts. Legal custody is the right to make major decisions about things like education and health care. Physical custody is where the child lives and how time is shared. Either type can be joint or sole. When it's safe and in the child's best interest, California policy supports frequent and continuing contact with both parents.

Read more about child custody and visitation rights.

How is child support calculated?

California uses a statewide guideline formula. It looks mainly at each parent's income and the percentage of time each parent has the children, and it can also account for costs like childcare and health insurance. Because time with the children affects the number, custody and child support are closely connected. A judge can depart from the guideline amount only in limited situations.

Learn more about child support.

Can custody or support orders be changed later?

Yes. Custody, visitation, child support, and spousal support orders can often be modified when circumstances change significantly, such as a job loss, a major change in income, a move, or a change in a child's needs. How easily an order can change depends on how it, or your agreement, was written. Until a judge approves a change, the current order stays in effect, so don't stop paying or change the schedule on your own.

See how modifications work.

Do unmarried parents have custody and support rights?

Yes. Parents don't have to be married to ask for custody, visitation, and child support. The first step is establishing legal parentage, which can be done by signing a voluntary declaration of parentage or through a court order. Once parentage is established, a court can make orders about custody, visitation, and support.

Read more about paternity, parental rights, and single-parent custody and support.

Can grandparents ask for visitation?

Sometimes. California courts can order grandparent visitation in limited situations. The judge looks at whether visits are in the child's best interest, including the existing relationship between the grandparent and the child, and parents' wishes carry significant weight. These cases depend heavily on the facts, so it helps to talk with an attorney early.

Learn more about grandparents' rights.

Other Situations

Do registered domestic partners and same-sex couples follow the same process?

Yes. Registered domestic partners in California have the same rights and responsibilities as married spouses, and ending a partnership follows a similar process for dividing property, support, custody, and child support. Same-sex couples go through the same California divorce process as any other couple.

Learn more about registered domestic partnerships, same-sex divorce, and LGBTQ dissolutions.

Working With Van Voorhis & Sosna

What is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney the State Bar of California has recognized for expertise in family law after meeting requirements for experience, education, and testing. The partners at Van Voorhis & Sosna are Certified Family Law Specialists, and our entire firm is dedicated to family law.

Meet our attorneys.

Which Bay Area counties do you serve?

We serve clients throughout the San Francisco Bay Area, including San Francisco, San Mateo, Alameda, Marin, and Contra Costa counties. 

Find directions and contact details.

How much does a divorce cost?

It depends on how much you and your spouse can agree on. Uncontested divorces generally cost less because there's less to resolve. Cases with disputes over custody, property, or support, or cases that need court hearings or outside experts, cost more. The best way to get a realistic picture is to talk through your situation with an attorney, and our first call is free.

Learn more about our consultations.