{"id":371909,"date":"2017-06-15T15:27:57","date_gmt":"2017-06-15T20:27:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/your-san-francisco-divorce-the-basics.html"},"modified":"2017-06-15T15:30:26","modified_gmt":"2017-06-15T20:30:26","slug":"your-san-francisco-divorce-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/your-san-francisco-divorce-the-basics.html","title":{"rendered":"Your San Francisco Divorce: The Basics"},"content":{"rendered":"\n
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Your San Francisco Divorce: The Basics<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

From the dating app introduction to the pour-over coffee in the FiDi; from the drinks in the Mission to the dinners in NoPa; from the shared apartment in Hayes Valley to your Presidio wedding ceremony, you thought you had the perfect relationship. Then the fog rolled in. If you\u2019re having as much trouble navigating the end of your marriage as most tourists do with Market Street\u2019s offset grid, here are some of the basics of San Francisco divorce law to fill you in.<\/p>\n

What Is a Divorce?<\/h2>\n

A divorce<\/a> legally ends your marriage or domestic partnership. A divorce in San Francisco can also be referred to as a "dissolution of marriage" or "dissolution of domestic partnership." Following a divorce, you will be legally single, and allowed to marry or become a domestic partner again. If you file for divorce, you can also ask the court for orders regarding child support, spousal or partner support, custody and visitation orders, restraining orders, and division of property.<\/p>\n

There is also a process called a legal separation<\/a>. While a legal separation doesn\u2019t end a marriage or domestic partnership (meaning you can\u2019t re-marry or enter into a partnership with someone else), it may allow you to ask the court to decide similar issues like child support, custody, and restraining orders.<\/p>\n

What Are the Reasons for Divorce in San Francisco?<\/h2>\n

Because California is a \u201cno fault\u201d divorce state<\/a>, you don\u2019t have to prove your spouse did something wrong to get divorced in San Francisco. To get a no fault divorce, you can state that you cannot get along with your spouse and you have what are legally called \u201cirreconcilable differences.\u201d You and your spouse also don\u2019t need to agree to end the marriage. Either of you can decide to end the marriage, and the other can\u2019t stop the process by refusing to participate, even if he or she doesn\u2019t want a divorce. You may still be able to get a \u201cdefault\u201d judgment if your spouse or domestic partner doesn\u2019t participate in the divorce case.<\/p>\n

How Do I File for Divorce?<\/h2>\n

If you decide to initiate a divorce in San Francisco, you will need to fill out a Petition, which gives the court some basic information about your marriage and asks for the orders you want the court to make regarding your property and children, if any. San Francisco also requires you to file a Summons, containing important information for you and your spouse about the divorce process. The Summons limits what you can do with your communal property, money, and other assets and debts. If you have children, it also prohibits either you or your spouse from moving out of state with your kids without prior written consent from your spouse or a court order. Depending on your financial status and whether or not you have children, you may need additional forms<\/a>, which can be found on the California Judicial Branch website.<\/p>\n

Any divorce paperwork would need to be turned in to the court clerk, and you must tell your spouse that you have started the legal process for a divorce. This is called \u201cservice<\/a>,\u201d which means your spouse or domestic partner receives copies of all your court papers. The court cannot make any orders or judgments in your divorce until your spouse has been properly \u201cserved.\u201d After filing and service, if you and your spouse can\u2019t agree on all the issues in your divorce, you may have to attend mediation or a trial to settle contested issues. If you can agree, the court will generally accept your agreement.<\/p>\n

San Francisco also has a process known as Summary Dissolution<\/a>. Like a divorce, a summary dissolution ends your marriage, but you may not need to go before a judge. Summary dissolution requires you to file some paperwork with the court, but it only applies to spouses who:<\/p>\n