Thank you for visiting My San Francisco Divorce Attorney. We will attempt to give you as much information about divorce in San Francisco as possible on this site. Additionally you can visit our “Why Hire Us” page to see what separates us from the other divorce lawyers in and around San Francisco.

Overview
There are a number of options for those going through divorce.

Collaborative Divorce

You and your spouse try and reach an agreement using a divorce team and without going to court.

• An attorney and a divorce coach for each spouse and a financial consultant
• Discuss all unresolved issues as a team – looking for solutions.
• Attorneys are there for guidance.
• Divorce coaches are trained psychologists.
• Coaches give emotional support and help to create a parenting plan.
• Financial consultants discuss all financial issues.

This process helps the couple move forward in a positive direction.

Mediation

• A neutral mediator meets with the parties to resolve the divorce.
• Does not advise either party.

Litigation

• When the couple cannot reach an agreement.
• Allows the state of California to make decisions that the couple cannot.
• The outcome is subject to rules and the facts of the case.

Child Custody

• Orders may be given to both parents, one parent, and in sometimes to grandparents.

• Physical Custody
• The parent who lives with the child

• Legal Custody
• Authority to make important decisions
  • Medical
  • Education
  • Welfare
  • Visitation rights
• Parents can share physical and legal custody
  • One parent can have sole physical and/or sole legal custody
  • One parent can have sole physical custody while the other has sole legal custody

• In determining custody, the courts looks for the best interest of the child:
  • Welfare, health and safety
  • Stability
  • Abuse?
  • Relationship with both parents
  • Wishes of the child – if at an older age

• If parents cannot agree on custody arrangements:
• The court will request the parents go to mediation
• A child custody evaluation or assessment might be required

• Before a child custody or visitation order is put into effect, parents are allowed to make changes.  If they are not in agreement, they will be required to attend mediation.

Child Support

• Parents must support their children.  Child support is paid to the parent who has physical custody of the child/children.  It is solely for the benefit of the child/children.

• California uses statewide guidelines in determining the amount of child support to order.
• Both parents are responsible for support
• Incomes are taken into consideration
• Top priority is interest of the child
• Standard of living should not change because of divorce
• Parent with primary physical custody contributes a larger share of resources
• Tax filing of each parent
• Health insurance
• Daycare
• Special needs

• If an agreement can be reached by the parents; the guidelines do not need to be followed.

• In most cases, support ends when the child reaches 18 years of age.

Spousal Support/Alimony

• Paid monthly by one spouse to the other spouse – can be awarded to either.

• It is not mandatory that the court award any money to a spouse.

Temporary Spousal Support or Pendente Lite

• Awarded prior to dissolution for financial help
• Judicial Council – uses computer calculations program
• Santa Clara Schedule – 40% of the supporting spouse’s income, 50% of the supported spouse’s income

Permanent Spousal Support

• Court considers:
• Each spouse’s earning capacity
• Supported spouse’s marketable skills
• Supported spouse’s future earning capacity
• Supporting spouse’s ability to pay
• Debts
• Standard of living
• Duration of marriage – 10 years or more is considered a long-term marriage

Tax Consequences

• The supported spouse must pay taxes on spousal support; it is considered income.

Marital Property Distribution

• California is a community property state – 50/50 division
• All property and income acquired during the marriage, including any businesses
• Any property received before the marriage is separate property (i.e. inheritance or gift)
• Any separate property that is commingled with community property during the marriage, becomes community property
• Equally responsible for any debts incurred
• Pensions and Retirement Plan, 401(k)
• Your attorney will advise you of what is considered community property in California

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