Best Divorce & Separation Lawyers in San Mateo

About Divorce & Separation Law in San Mateo, United States

Divorce and separation laws govern the process by which married couples end their marriage or formalize their separation in San Mateo, California. These laws address matters such as property division, child custody, child support, spousal support, and the legal status of each party after the separation or divorce. California is known for its "no fault" divorce system, which means that a spouse does not need to prove wrongdoing to get a divorce. Instead, citing irreconcilable differences is enough. While divorce can be emotionally and financially challenging, understanding the local legal landscape is essential for making informed decisions and protecting your rights.

Why You May Need a Lawyer

Many individuals consider hiring a divorce and separation lawyer to help navigate the complex legal process, especially when significant assets, custody disputes, or disagreements are involved. Some common situations where legal help is recommended include:

• Disagreements over child custody, visitation, or child support
• Division of complex assets, such as real estate, retirement accounts, or business interests
• Concerns about spousal support (alimony) requests
• Domestic violence or protective order situations
• Presence of prenuptial or postnuptial agreements
• Concerns over your rights or obligations under California law
• When your spouse is already working with a lawyer

Having legal representation can help ensure your interests are protected and that the divorce or separation proceeds as smoothly and fairly as possible.

Local Laws Overview

Divorce and separation laws in San Mateo are governed by California state law, particularly the California Family Code. Some key aspects especially relevant to residents include:

• No Fault Divorce: California only requires that one spouse state there are irreconcilable differences for a divorce to be granted. Fault is not considered for granting a divorce.
• Residency Requirements: To file for divorce, at least one spouse must have lived in California for six months and in San Mateo County for at least three months before filing.
• Property Division: California follows community property rules, meaning most property and debts acquired during marriage are divided equally, unless the parties agree otherwise.
• Child Custody and Support: Courts emphasize the best interests of the child when determining custody and set child support according to statewide guidelines, considering factors like income and custody time.
• Spousal Support: Temporary or permanent spousal support may be awarded based on factors such as the length of the marriage, each spouse's financial situation, and standard of living during marriage.
• Legal Separation: This is an option for couples who do not wish to divorce but want to formalize arrangements regarding property, finances, and children.
• Same Sex Divorce: Same sex couples follow the same laws and procedures as opposite sex couples under state law.

It is important to note that certain procedures and rules may be unique to the San Mateo County Superior Court, such as local forms and filing requirements.

Frequently Asked Questions

What if my spouse disagrees with the divorce?

In California, you can still proceed with a divorce even if your spouse does not agree. The process may take longer if your spouse contests issues such as property division or custody, but you cannot be forced to remain married.

How long does the divorce process take in San Mateo?

There is a mandatory six month waiting period from when the respondent is served with divorce papers before a divorce can be finalized. The process can be longer if there are contested issues.

Can we handle a divorce without going to court?

If both parties agree on all terms, you can use an uncontested divorce process and may not need to appear in court, except possibly to submit final paperwork.

What is the difference between divorce and legal separation?

Divorce legally ends a marriage, allowing both parties to remarry. Legal separation does not dissolve the marriage but allows the court to make orders regarding finances, property, and children while the couple lives apart.

How is child support determined?

Child support in San Mateo is calculated according to statewide guidelines, considering both parents’ incomes, custody arrangement, and other factors such as healthcare or daycare costs.

What happens to our property and debts?

Generally, any property or debts acquired during the marriage are divided equally between spouses, unless a different agreement is reached. Some assets may be considered separate property if acquired before the marriage or by gift or inheritance.

Is spousal support automatic in a San Mateo divorce?

No, spousal support is not automatically granted. It is based on various factors including length of the marriage, each spouse’s earning ability, and needs.

Do I need to be separated for a certain period before filing for divorce?

There is no separation requirement in California before filing for divorce, but the six month waiting period applies after serving divorce papers.

Can same sex couples divorce in San Mateo?

Yes, same sex couples can divorce in San Mateo under the same rules as opposite sex couples.

Will we have to sell our home?

Not necessarily. Options include selling the home and dividing the proceeds, one spouse buying out the other’s interest, or other arrangements as part of your settlement. The court will seek an equitable outcome based on the facts of your case.

Additional Resources

Individuals seeking more information or assistance regarding divorce and separation in San Mateo can consult the following resources:

• San Mateo County Superior Court Family Law Division: Provides local forms, instructions, mediation services, and information on court procedures.
• California Courts Self Help Center: Offers detailed guides, forms, and legal information for those representing themselves in divorce and family law matters.
• San Mateo County Bar Association’s Lawyer Referral Service: Helps individuals find local, experienced divorce attorneys for a consultation.
• Family Law Facilitator’s Office (San Mateo County Courthouse): Offers free assistance with family law paperwork and legal process navigation.
• Community Legal Aid and Nonprofit Organizations: Various legal aid organizations provide resources and, in some cases, free or low cost legal services for qualifying individuals.

Next Steps

If you are considering or currently facing divorce or legal separation, it is a good idea to gather financial documents, organize important records, and make a list of your priorities regarding children, property, and support. Consider scheduling a consultation with a family law attorney, especially if your case involves contested issues, complex assets, or the need for emergency orders. You can contact the San Mateo County Bar Association or the court’s Family Law Facilitator to help you find legal services match your situation. Remember, each divorce or separation case is unique and getting tailored legal advice will help you better understand your options and rights under California law.