San Francisco divorce can be either divorce litigation or a summary divorce. Here’s how to file for divorce in San Francisco County.
After deciding on the type of divorce to pursue, there are several forms required before the divorce is finalized such as petitions, summons, and additional paperwork depending on financial and child status. It is highly recommended that divorcing spouses seek the legal advice of a divorce attorney throughout this process.
What is Divorce?
Divorce is the process of dissolving a marriage or legal partnership. After a divorce, each spouse is considered legally single and may remarry or pursue another domestic partnership. It is important to distinguish divorce from legal separation, where legal separation does not dissolve the marriage or partnership but can allow for child support and visitation orders in court in a similar fashion to divorce.
Types of Divorce
There are two types of divorce available, divorce litigation and summary divorce. In divorce litigation, the parties are unable to come to a contractual divorce agreement and must make a court appearance to have a judge decide the parameters of the divorce.
Related: How to File for Divorce in California
In a summary divorce, the couple must agree to file jointly. To be eligible for a summary divorce, the couple must meet a number of different requirements including the marriage lasting less than five years, having no children over the course of the marriage, and having no joint property under their names.
Related: Divorce FAQs in California
Do I need a Reason to Divorce My Spouse in San Francisco County?
Each U.S. state may require a certain degree of “fault” to be present to file for divorce. The state of California is a “no-fault” divorce state, meaning that proof of misconduct by a spouse is not necessary to file for divorce. This can differ state by state.
“No-fault” divorce states also do not require both spouses to agree on the divorce, either party may issue for divorce and the lack of participation of one party does not void the issuance of divorce. In such a situation, the lack of participation or response by one spouse can actually end in a default judgment in court in favor of the filing spouse.
It is necessary, however, to state that the marriage or partnership is no longer mutually beneficial or salvageable to be eligible for divorce. More specifically, not being able to get along as a couple is referred to as “irreconcilable differences”.
What Paperwork Do I Need to File for a Divorce in San Francisco County?
There are several forms available through the San Francisco civil courts system that must be filed to issue a divorce. There are two necessary steps to issue a divorce, and the final step is based on the unique circumstances of each marriage.
Related: How to File for Divorce in California
Petition
A petition covers the basic information about the marriage and lists the orders necessary regarding property and children.
Summons
A summons is necessary to inform the responding spouse of the divorce process. If a couple has children, a summons will also prohibit a spouse from moving out of state with their children without appropriate permission. A summons also requires copies of all divorce paperwork to be issued to the responding spouse. Further, there must be proof of summons, which asserts that the paperwork was served to the responding party.
Additional Paperwork
There may be other paperwork to file regarding child custody and property division involved in the divorce dispute. Refer to the California Courts website for further information.
Contact Information
Address: San Francisco Superior Court, 400 McAllister Street, Room 509, San Francisco, CA 94102-4514
Phone Number: (415) 551-0605