When you get married, you hope your relationship will last forever. Then, life happens. You and your spouse grow and change, sometimes in different ways. Your priorities drift, or you learn you never had the same priorities to begin with. They make mistakes. So do you. You search for ways to mend the relationship, but do not find them. Sometimes, you realize divorce is the answer.
Whether that realization comes after years of struggle or in a moment of startling clarity, beginning the divorce process can be intimidating and stressful. The best place to start is by consulting an experienced divorce attorney San Francisco residents can count on.
Deciding whom to hire is no easy task. You need to know what to look for and that your attorney can provide the services you need. At the Law Offices of Ali Yousefi, P.C., we understand how much is at stake in a divorce. Our San Francisco divorce lawyer, Ali Yousefi, brings years of experience and compassion to every divorce we handle. We guide you through divorce to the other side, helping you build a new foundation for your future.
What Do You Want from Your Divorce Lawyer?
You can file for divorce yourself. However, navigating the law alone is a difficult and intimidating process. Hiring a divorce attorney can be daunting, especially if you have never needed the services of a lawyer before. You may ask friends and family for referrals or search for terms like “divorce attorney near me.” You do your due diligence. Divorce is stressful, especially when children are involved. You do not want to hire just any of the divorce lawyers out there.
But how do you know whom to hire? Look for an attorney who guides you but allows you to remain in the driver’s seat. Ensure your attorney has experience with different types of divorces and a deep knowledge of related laws and procedures. You want an attorney who is dedicated to your case and treats every client like the individual they are. You will be relying on your attorney through what is likely one of the most stressful events in your life, so you also need an attorney who is compassionate and understanding.
Ali Yousefi is all those things and more. He is passionate about helping you get what you need to rebuild your life after divorce.
What Services Do We Offer?
We handle all kinds of divorces, from simple splits where the parties agree on everything to contentious battles where the parties fight out every term to the last. Under California law, you can get a divorce if you and your spouse have “irreconcilable differences” or if you or your spouse permanently lack the legal capacity to make decisions.
Divorces are considered either contested or uncontested, depending on whether you and your spouse dispute any issues before a judge. Both types of divorce require determining how you and your spouse will care for shared children, how you will divide debts and assets, and whether one spouse will support the other financially post-divorce.
Uncontested Divorces
In an uncontested divorce, you and your spouse resolve your divorce without going to court. Uncontested divorces save time and money, and many couples can settle their divorces without stepping foot in a courtroom. With an experienced divorce attorney guiding you, even the most complicated divorces can be uncontested.
Throughout the uncontested divorce process, we advise you of your rights and responsibilities regarding debt and asset division, shared children, and financial or legal obligations post-divorce. We can help you determine what to ask for, then negotiate on your behalf to fight to get it. Depending on the circumstances, we may advise you to attend divorce mediation, where a neutral mediator helps you and your spouse work through any sticking points. If you attend mediation, we help you prepare and ensure you are treated fairly.
One thing we cannot do is represent both you and your spouse in the same divorce proceeding. Even if you and your spouse are on the same page about everything, your best interests can conflict. A lawyer cannot fight for the best deal for you if they are obligated to also fight for the best deal for your spouse.
Contested Divorces
If you and your spouse cannot agree through negotiation or mediation, you can pursue a contested divorce. In a contested divorce, you and your spouse present your points of contention to a family law judge, who decides how to resolve your contested divorce issues. If you and your spouse agree on some things, you can request the judge decide only the remaining issues.
Although uncontested divorces work for many couples, there are some circumstances where a contested divorce may be best. If your spouse has a history of abuse or is utterly unwilling to cooperate, a contested divorce provides the force of law negotiations do not. You may seek a contested divorce if you cannot locate your spouse. You may also turn to a contested divorce as a last resort when you and your spouse cannot agree despite your best efforts.
We are there for you every step of the way during contested divorces. We interview witnesses, prepare case strategies, negotiate settlements, prepare you for trial, and represent you at trial. Navigating a divorce is never easy, and navigating a contested divorce is even harder. With the assistance of Ali Yousefi, a divorce lawyer San Francisco residents trust, you do not have to go it alone.
Related Issues
Sometimes, issues arise that are related to but legally distinct from divorce. For example, if there was a history of domestic violence, one spouse may seek a restraining order against the other during the separation process. Circumstances may change after a divorce, and you may need to modify orders on spousal support, child custody, visitation, or child support. Or your ex-spouse may fail to follow those orders, and you may need to request the court’s assistance to enforce them. Our firm handles all these other aspects of the divorce process and more. We want to help you protect what needs protecting in your life.
California Divorce Requirements
To file for divorce in California, at least one spouse must have lived in the state for six months and in San Francisco County for at least three months before filing. Divorces are filed in the San Francisco Superior Court, Family Law Division.
California also has a mandatory six-month waiting period from the date the petition is served before the divorce can be finalized. This period gives couples time for reflection and possible reconciliation. Lawmakers built this safeguard into the process to ensure spouses are sure they want to end their marriage. It also allows time to address significant financial and custody issues. However, this means that even the most friendly divorces cannot be completed in less than six months.
In some cases, couples may qualify for a summary dissolution, which is a faster, simplified process available if:
- The marriage lasted less than five years,
- The couple has no children, and
- There is minimal community property.
For all other situations, you must pursue a regular dissolution.
What Is the Divorce Process in California?
The divorce process in California is a structured legal procedure that allows married couples to legally end their marriage. To initiate the process, one spouse must file a Petition for Divorce, also known as a Petition for Dissolution of Marriage, in the county where they reside. California follows a no-fault divorce system, meaning that neither party is required to prove wrongdoing to obtain a divorce. Once the petition is filed, the other spouse is served with divorce papers and has a specific period to respond. The next steps typically involve the exchange of financial information, negotiations on property and asset division, child custody arrangements (if applicable), and the resolution of spousal support and child support issues. If the spouses can reach an agreement, their divorce can proceed as an uncontested divorce, which is generally faster and less expensive. If no agreement can be reached, the case may go to court, where a judge will make decisions on unresolved issues. Finally, the court will issue a Judgment of Dissolution of Marriage, officially ending the marriage. The entire process can take several months or longer, depending on various factors and complexities.
How Does Property Division Work in San Francisco Divorces?
California is a community property state, meaning that most assets and debts acquired during the marriage are owned equally by both spouses. Separate property generally remains with the original owner and can include inheritances, gifts, or assets acquired before marriage. However, complications often arise when property becomes “commingled.” For example, if one spouse uses their separate property to pay for a jointly owned home.
High-asset divorces in San Francisco often involve unique challenges, including:
- Dividing stock options and restricted stock units is common in the Bay Area tech industry;
- Valuing startups, professional practices, or family-owned businesses;
- Handling real estate division in one of the most expensive housing markets in the country; and
- Tracing commingled accounts or investments to determine whether they are separate or community property.
Our team works with financial experts and forensic accountants to protect your rights in complex property division cases.
Understanding Child Custody and Support
In California, child custody is divided into legal custody (decision-making authority) and physical custody (where the child lives). Courts generally prefer arrangements that give both parents meaningful time with their children, unless there is a history of domestic violence, substance abuse, or other concerns affecting a child’s best interest.
San Francisco often requires parents to participate in Family Court Services mediation before a custody hearing. This local program helps parents try to reach an agreement without prolonged litigation. If the parties can’t agree, the mediator may provide recommendations to the judge.
The goal of child support is to help consistently meet children’s basic needs, such as housing, food, healthcare, and education. It helps maintain stability in a child’s life by ensuring both parents contribute to their financial well-being. California’s statewide guideline formula determines the amount of child support. Support may include add-ons such as health insurance, childcare, or extracurricular costs. Either parent may request a child support modification if circumstances change, such as a job loss, relocation, or new parenting schedule.
Ali takes the time to understand each family’s unique needs and works closely with parents to create custody and support arrangements that prioritize the child’s best interests. He helps clients protect their parental rights while fostering stability for their children.
How Is Spousal Support (Alimony) Determined?
Spousal support, or alimony, can be temporary or long-term. Temporary support may be ordered during the divorce process to maintain stability until a final judgment is entered. The court can consider multiple factors when determining long-term support amounts, including:
- The length of the marriage,
- Each spouse’s income and earning capacity,
- The standard of living during the marriage,
- Contributions one spouse made to the other’s education or career,
- Any history of domestic violence,
- Each spouse’s age and health, and
- Tax consequences of support orders.
Spousal support is typically limited to about half the length of a marriage lasting less than 10 years. For marriages lasting 10 years or more, support may be longer-term but is not always indefinite.
Ali helps clients present clear financial evidence, negotiate fair terms, and advocate in court to ensure support orders reflect their actual circumstances.
What Divorce Process Options Exist Beyond Litigation?
Not every divorce requires a courtroom battle. Many families resolve their disputes through alternative approaches. These methods can reduce stress, save money, and allow spouses to maintain greater control over the outcome:
Mediation
A neutral third-party mediator helps spouses work through disagreements in a structured environment. Mediation is often less adversarial than litigation. It allows the parties to craft creative solutions tailored to their family’s needs. While mediators do not make decisions for you, they guide discussions to keep negotiations productive and fair. Many parents find mediation especially helpful for creating child-centered custody and visitation plans.
Collaborative Divorce
In a collaborative divorce, both spouses and their attorneys work to resolve issues outside of court. The process often involves a team of professionals, such as financial specialists or child therapists, who provide input to help the couple make informed decisions. If either party decides to pursue litigation, both attorneys must withdraw, encouraging all participants to stay committed to settlement. This option is ideal for couples who want privacy, flexibility, and a problem-solving approach.
Settlement Conferences
These are formal meetings where both parties, their attorneys, and sometimes a judge or settlement officer come together to narrow unresolved issues. A settlement conference can occur early in the case or closer to trial. It is an opportunity to present proposals, receive feedback from the court, and avoid the expense and uncertainty of a trial. Even if the case is not fully resolved, settlement conferences often reduce the number of contested issues the court must decide on.
Exploring these alternatives can give you more control over your divorce and preserve healthier communication, which is especially important when children are involved. Alternative methods may also save some time or cost for the parties involved.
Ali guides clients through mediation and collaborative divorce when those methods are the right fit. However, he is always ready to take a case to court if litigation becomes necessary to protect the clients’ rights.
San Francisco Divorce Resources
Going through a divorce can feel isolating, but San Francisco has resources to help, including:
- San Francisco Superior Court–Family Law Division—handles divorce filings, hearings, and orders, and has self-help information and tools;
- San Francisco Department of Child Support Services—assists with establishing and enforcing child support;
- Bay Area Legal Aid—provides free civil legal help to low-income people in the Bay Area;
- Family Law Project of the Bar Association of San Francisco—assists low-income individuals and families with family law and related probate matters; and
- Domestic violence resources—organizations such as La Casa de las Madres, Riley Center, and the Cooperative Restraining Order Clinic provide safety planning and legal assistance.
These local resources can support you alongside your attorney, giving you legal and practical guidance during this transition.
Why Choose the Law Offices of Ali Yousefi, P.C.?
There are many divorce lawyers in the Bay Area, but you do not want to hire just any lawyer. You need a compassionate lawyer who understands your struggles and is passionate about helping you through this difficult transition. You also need a lawyer who knows the law and has the experience to fight for your best outcome. Our award-winning San Francisco divorce lawyer, Ali Yousefi, may be just the compassionate, experienced attorney you need.
Ali has earned recognition from peers and national legal organizations, including a 9.4 AVVO rating, selection to Super Lawyers, and being named a Top 10 Under 40 attorney by the National Academy. He graduated summa cum laude from John F. Kennedy University School of Law and has an advanced LL.M. in tax from the Golden Gate University School of Law. His combination of legal skill and compassion for clients makes him a strong advocate for those facing divorce in San Francisco.
Whether facing straightforward uncontested divorces, high-conflict custody battles, property division disputes, or cases involving domestic violence, our team can help. With Ali’s breadth of experience, he can guide you no matter how complex or simple your situation may be.
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Frequently Asked Questions
How Long Does a Divorce Take in California?
No two cases are the same. Due to California’s mandatory waiting period, the fastest a divorce can be finalized is six months. Complex cases involving custody disputes, business assets, or contested support can take a year or more to resolve.
Do I Have to Move Out of My House Once Divorce Starts?
Not necessarily. Both spouses generally have equal rights to remain in the family home until a court orders otherwise. However, if domestic violence is present, one spouse may request an emergency protective order that grants exclusive possession of the house.
What Happens to My Stock Options or Restricted Stock Units (RSUs)?
Stock options and RSUs are common in San Francisco’s tech-heavy economy. If granted during the marriage, they are often considered community property and subject to division. Sometimes, there is a gray area regarding stock options or RSUs that vest after separation. In such cases, the court must determine whether these assets are tied to work performed during the marriage or after, which can affect whether they are considered community or separate property. Courts may use complex formulas to allocate these assets.
Can Both Spouses Use the Same Lawyer?
No. Even in an uncontested divorce, one attorney cannot represent both spouses. Each spouse should have independent legal counsel so their interests don’t conflict.
What If My Spouse Refuses to Participate in the Divorce?
The court can grant a default judgment if a spouse does not respond after being served. A default judgment finalizes the divorce without their participation.