DIVORCE
DIVORCE ATTORNEY SERVING THE SAN FRANCISCO BAY AREA
Divorce is one of the most consequential legal events in a person's life. It touches your finances, your home, your children, and your future. In California, the process is governed by a detailed statutory framework, and the decisions made early in your case can shape outcomes for years to come.
The Geller Firm represents individuals navigating divorce throughout the Bay Area, including Alameda, Contra Costa, Marin, San Francisco, Santa Clara, San Mateo, and Solano counties. Every client works directly with Attorney Michael Geller.
WHAT ARE THE REQUIREMENTS TO FILE FOR DIVORCE IN CALIFORNIA?
To file for divorce in California, you must have lived in the state for at least six months and in the county where you plan to file for at least three months. California is a no-fault divorce state. You are not required to prove wrongdoing. Establishing irreconcilable differences is sufficient.
After the petition is filed and served, California law imposes a mandatory six-month waiting period before a divorce can be finalized. This waiting period runs regardless of how quickly the parties reach an agreement.
HOW IS PROPERTY DIVIDED IN A CALIFORNIA DIVORCE?
California is a community property state. Most assets and debts acquired during the marriage are presumed to belong equally to both spouses and are divided 50/50 upon divorce. Separate property, meaning assets owned before marriage or received as gifts or inheritance, is generally not subject to division.
Community property issues become complex when they involve real estate, retirement accounts, stock options, business interests, or debt accumulated in one spouse's name. An experienced attorney will conduct a thorough analysis of the marital estate before any settlement discussions begin.
WHAT ABOUT SPOUSAL SUPPORT?
California courts may award spousal support to help a lower-earning spouse maintain a reasonable standard of living after divorce. The amount and duration depend on several factors under California Family Code § 4320, including the length of the marriage, each spouse's earning capacity, and the supported spouse's needs.
Spousal support orders can be temporary, issued during the divorce process, or long-term, entered as part of the final judgment. They can also be modified after the fact if circumstances change.
WHAT ARE MY OPTIONS FOR RESOLVING A DIVORCE IN CALIFORNIA?
Not every divorce ends in a courtroom. California offers several paths to resolution.
Mediation involves a neutral third party who helps both spouses work toward an agreement on all disputed issues. The mediator does not represent either party or provide legal advice. Many couples use mediation to resolve property and custody matters without the cost and delay of litigation, and each spouse can still retain independent counsel throughout the process.
Collaborative divorce is a structured approach in which both spouses and their attorneys sign a participation agreement committing to resolve all issues outside of court. The process is built around cooperation and full financial transparency. If the parties cannot reach an agreement and the matter proceeds to litigation, both must retain new counsel.
Litigation becomes necessary when spouses cannot agree on custody, property, support, or a combination of issues. A judge decides contested matters based on the evidence presented. Litigation is more costly and time-consuming than the alternatives, but it is sometimes the only viable path, particularly when one party refuses to negotiate in good faith or financial disclosure is in dispute.
The right approach depends on your specific circumstances. An honest assessment early in the process can save significant time and money.
WHAT DOES THE DIVORCE PROCESS INVOLVE?
Regardless of how a divorce is resolved, California law requires both spouses to complete mandatory financial disclosures, including preliminary and final declarations of disclosure, income and expense declarations, and supporting documents. These disclosures are not optional and must be completed accurately.
The discovery process allows your attorney to obtain financial records, business valuations, and other information needed to fully assess the marital estate. In litigated cases, this may include depositions, subpoenas, and forensic accountants.
HOW LONG DOES A DIVORCE TAKE IN CALIFORNIA?
At minimum, six months and one day from the date your spouse is served. Uncontested cases with full agreement on all issues can be finalized close to that minimum. Contested cases involving custody disputes, high-value assets, or business interests typically take one to two years or longer.
HOW MUCH DOES A DIVORCE COST IN CALIFORNIA?
Cost varies significantly based on complexity and conflict. Key factors include whether the divorce is contested, whether children are involved, whether expert witnesses are needed, and the level of cooperation between spouses. Uncontested divorces cost a fraction of litigated ones. Investing in early legal counsel often reduces overall cost by avoiding procedural mistakes and poorly structured settlements.
SPEAK WITH A CALIFORNIA DIVORCE ATTORNEY
If you are considering divorce or have already been served, the decisions you make now matter. The Geller Firm offers confidential consultations, in person or virtually, throughout the Bay Area. You will speak directly with Attorney Michael Geller, not a paralegal or intake coordinator.
Contact The Geller Firm today to schedule your consultation.
