Experienced Guidance Through Divorce Law At Our San Mateo Firm
When long-term relationships come to an end, navigating processes like property division, child custody and visitation, and spousal support without legal help can feel exhausting and overwhelming. An experienced divorce attorney in San Mateo can provide legal guidance and representation to help you understand and protect your rights through this challenging time.
Hiring the right legal separation or divorce attorney is an important decision. At Viola Law Firm, our attorneys have served Bay Area clients for more than 35 years. In California, “divorce” and “dissolution of marriage” mean the same thing in everyday use, and our attorneys handle both.
Whether you are navigating divorce or simply exploring your options, fill out our contact form to request a consultation.
What Is the Dissolution of Marriage in California?
“Dissolution of marriage” is California’s term for divorce. The two terms are interchangeable and follow the same process.
California is a pure no-fault divorce state, meaning neither spouse must prove wrongdoing by the other to end the marriage. The primary ground for divorce used in California is “irreconcilable differences,” which simply means the marriage has suffered an irreparable breakdown. California Family Code §2310 offers a secondary ground when a person has a permanent legal incapacity to make decisions, though it is rarely used.
In contrast, legal separation is a formal court process that allows married couples to live apart and establish divorce-related matters, such as property division and child custody, while staying legally married. Our legal separation attorneys have extensive experience in family law and can explain this process in more detail.
Registered domestic partners can opt for domestic partnership dissolution through the same processes as married couples, or a simplified administrative process if eligible.
Our marriage dissolution attorneys in San Mateo will help you explore your options for legally ending your relationship.
Who Can File for Divorce in San Mateo County?
Under California Family Code §2320, a couple can divorce in San Mateo County if at least one spouse has been a California resident for six months and a county resident for three months before filing the petition.
Limited exceptions exist. For example, Family Code §2320(b) provides a specific exception for same-sex marriages. For domestic partnerships registered in California, the state waives the standard residency requirements.
Spouses who do not yet meet residency requirements may consider legal separation until they satisfy the residency period. A divorce attorney can confirm your eligibility under residency requirements or applicable exceptions.
How Long Does a Divorce Take? The Six-Month Waiting Period
Family Code §2339 sets a six-month waiting period for divorces in the state. The marriage cannot officially end until at least six months after the summons and petition were served, or the other spouse appeared in court; whichever came first.
The court can extend the divorce timeline for good cause, but it can never shorten the time. Six months is the minimum and is not a typical timeframe. A case may take significantly longer than six months if the divorce is contested, a couple is dividing complex assets, or the case goes to trial.
During the six-month window, both parties are still legally married and cannot remarry until the judgment is finalized. Our divorce lawyers will make the most of the six-month timeframe to keep your case moving efficiently and avoid unnecessary delays.
Issues Our Divorce Lawyers Can Help You Resolve
Dissolution of marriage involves several key processes to resolve the legal, financial, and parenting issues that arise. Our divorce attorneys have extensive experience guiding clients through all of the following components.
Property and Debt Division
California is a community property state for property division in divorce; spouses divide community property and debts equally, while each spouse keeps their separate property. We help clients protect their right to separate assets and advocate for their interests during this process.
Child Custody and Visitation
California divides child custody into two main categories: legal custody, or the right to make major decisions about the child’s upbringing, and physical custody, or where the child lives. Either can be sole or joint, and a non-custodial parent often maintains visitation rights. Our attorneys confidently guide clients through the emotionally turbulent custody process.
Child Support
Child support may apply even when parents divide custody 50/50. California bases support calculations on each parent’s income and the percentage of time spent with the child. We can help you estimate your potential support obligations.
Spousal Support
Spousal support may arise when one spouse earns more than the other. It can be temporary and last until the divorce is finalized, or permanent and last long-term. Whether you are seeking spousal support or countering your spouse’s request, we will advocate for your interests.
Domestic Violence and Restraining Orders
Divorce cases involving domestic violence may call for domestic violence restraining orders (DVROs) and special considerations regarding child custody and mediation. Our attorneys can help you gain the protection you need.
High-Asset and Business Owner Cases
When a marriage dissolution involves dividing business assets or complex property, special knowledge of property division laws, valuation strategies, and legal protections is key. Our attorneys have extensive experience with high-asset divorce.
Domestic Partnership Dissolution
If you have a registered domestic partnership, you can dissolve the partnership through either a simplified administrative process or a formal court proceeding similar to divorce. We can guide you through the dissolution of a domestic partnership.
Uncontested Divorce
In an uncontested divorce, both spouses agree on all pertinent matters without asking a judge to decide disputed issues. We can help you navigate this simpler divorce process and potentially avoid a court appearance altogether.
Ways To Resolve Your Divorce
California recognizes several ways to resolve disputes in a contested divorce.
Court litigation is the route couples often picture when thinking about the divorce process, but a full trial before a judge is relatively uncommon in divorce cases. Most cases settle out of court.
Divorce mediation is a popular option that may allow you to reach an agreement out of court. If you and your spouse disagree on child custody matters, California law requires you to meet with a mediator to try to resolve the disagreement before appearing before a judge. You can also opt for this route to settle other matters, such as property division and spousal support disputes.
Meeting with a private judge is a lesser-known alternative to appearing in public court. Our firm has a retired judicial officer who can provide this service.
Why Clients Choose Viola Law Firm P.C.
San Mateo clients have trusted Viola Law Firm P.C. with divorce representation for more than 35 years. Our team of attorneys fights for clients’ rights at every stage of the marital dissolution process while helping them feel informed and in control.
We have vast experience with high-conflict, high-asset divorce cases as well as more straightforward dissolutions, and we tailor our approach to each client’s circumstances and goals. We also have an in-house mediator and private judge who can help settle disputes to avoid litigation.
Our office is conveniently located in San Mateo at 441 1st Avenue. We would be happy to meet with you for a consultation to explain how we can assist with your divorce process. This meeting will remain confidential even if you choose not to move forward.
Your First Consultation With Our Dissolution of Marriage Attorneys
During your confidential first consultation, we will ask you to share your story and the potential conflicts you anticipate in the dissolution of marriage. We will ask about your assets and income, children, and highest priorities in the divorce case.
We may ask you to bring certain paperwork that will be helpful as we begin the filing process. Our divorce document checklist provides a thorough list of documents to begin finding and organizing now.
This first consultation also gives you a chance to ask any questions you have about the divorce process and our legal approach. Asking certain questions before hiring an attorney can help you learn more about their communication style and experience.
If you are exploring dissolution of marriage in California, our attorneys at Viola Law Firm P.C. provide compassionate legal support. Call us today at 650-343-6400 or fill out our contact form to request your initial consultation. Have more questions about divorce? Check out our Divorce Q&A.
Frequently Asked Questions
What is the difference between divorce and dissolution of marriage in California?
Divorce and dissolution of marriage are two terms for the same process in California. Meanwhile, legal separation is a different option that allows couples to stay married while separating their lives.
How long do I have to live in California before I can file?
You or your spouse must live in California for six months before filing for divorce, including three months in the county where you file.
Is there a waiting period before my divorce is final?
There is a six-month waiting period before your divorce can be finalized. It begins on the date the summons and petition were served or the other spouse appeared in court, whichever comes first. The court can extend this waiting period for good cause.
Do I have to go to court to get divorced?
You may be able to avoid going to court if you can resolve disagreements through negotiation, mediation, or private judging. However, some uncontested cases may still require a hearing.
How do I choose a divorce lawyer?
Asking about a divorce lawyer’s experience, communication, and fee structure can help you make an informed decision. Look for a firm experienced in your type of divorce case and with the resources to help you reach an agreement out of court.
