Best Divorce & Separation Lawyers in Burlingame

About Divorce & Separation Law in Burlingame, United States

Divorce and separation laws in Burlingame fall under the broader California family law statutes. Divorce, legally known as dissolution of marriage, is the process by which a marriage is legally ended by a court. Legal separation is a similar process where couples live apart and have clear financial and legal boundaries, but the marriage remains intact. Many of the same legal issues arise in both divorce and separation, such as property division, child custody, and support arrangements. The City of Burlingame follows California state law, so the process and requirements are the same as those found anywhere else in California, but local resources and court processes are specific to San Mateo County.

Why You May Need a Lawyer

While some individuals can navigate the divorce or separation process on their own, many find legal counsel essential. Common situations where legal help is invaluable include disagreements over child custody or visitation, concerns about fair division of property or debts, disputes about spousal or child support, or if there is a history of domestic violence or abuse. Another reason to seek a lawyer is when one party’s financial situation is complicated, such as having business ownership, significant investments, or hidden assets. Even in cases where both spouses agree on major issues, consulting a lawyer ensures that everyone understands their rights and responsibilities and that documents are prepared correctly to avoid future legal problems.

Local Laws Overview

California is a no-fault divorce state, which means neither spouse needs to prove wrongdoing to obtain a divorce. Couples can cite irreconcilable differences as sufficient grounds. The residency requirement states that at least one spouse must have lived in California for six months and in San Mateo County for at least three months before filing in Burlingame. The state follows community property rules, meaning most assets and debts acquired during the marriage are split equally. Courts consider the best interests of the child when deciding custody and support arrangements. All divorce and separation cases in Burlingame are generally handled through the San Mateo County Superior Court, which provides resources, forms, and guidance tailored to residents of this area.

Frequently Asked Questions

What are the basic requirements to file for divorce in Burlingame?

You or your spouse must have lived in California for at least six months and in San Mateo County for at least three months before filing. The process begins with filing a Petition for Dissolution of Marriage at the San Mateo County Superior Court.

What is the difference between legal separation and divorce?

Legal separation allows spouses to live apart and formalize arrangements for property, support, and custody without ending the marriage. Divorce legally ends the marriage relationship.

How long does the divorce process usually take?

The soonest a divorce can be finalized in California is six months after the petition is served. However, the process can take longer depending on the complexity of issues and whether there is agreement between spouses.

Is California a community property state?

Yes, assets and debts acquired during the marriage are generally split equally. Separate property, such as assets owned before marriage or received as a gift or inheritance, usually remains with the original owner.

How are child custody decisions made?

Court decisions are based on the best interests of the child, considering factors such as the child’s health, safety, and welfare, as well as each parent’s ability to care for the child.

Do I need to have a lawyer to get divorced?

No, you are not required to have a lawyer, but legal advice is recommended, especially if there are disputes or complex assets involved. Lawyers help ensure your rights are protected and paperwork is correctly completed.

How is child support calculated?

California uses a statewide calculator that factors in each parent’s income, time spent with the child, and certain expenses to determine the amount of child support that must be paid.

What if my spouse does not want a divorce?

California is a no-fault state. If one spouse wants a divorce, the other cannot prevent it. The court can grant a divorce even if one spouse objects.

Can same-sex couples get divorced in Burlingame?

Yes. Same-sex and opposite-sex couples are treated the same under California divorce law.

What if there has been domestic violence?

If you feel unsafe, seek immediate protection from law enforcement and consider requesting a restraining order. The family court provides extra protections for survivors of domestic violence during divorce or separation cases.

Additional Resources

- San Mateo County Superior Court, Family Law Division: Offers forms, instructions, and assistance for divorce and separation cases. - San Mateo County Self Help Center: Provides resources and workshops for people without lawyers. - California Courts - Self Help: Statewide guidance on divorce, child custody, and support. - Community Overcoming Relationship Abuse (CORA): Support and resources for survivors of domestic violence in San Mateo County. - Local family law facilitators: Offer free or low-cost help with paperwork and understanding the divorce process.

Next Steps

If you are considering divorce or separation in Burlingame, start by gathering key documents such as marriage certificates, financial records, and information about children or property. Consult a family law attorney familiar with San Mateo County procedures for personalized advice. If cost is a concern, consider local legal aid services or the San Mateo County Self Help Center. Filing the necessary paperwork with the Family Law Division of the Superior Court of California in San Mateo County is the standard procedure. Even if you and your spouse agree on most issues, having an attorney or family law facilitator review your agreements can help prevent future problems and ensure your rights are protected throughout the process.