How long does it take to get divorced in San Francisco, California?

Uncontested divorces in San Francisco typically take 2-4 months from filing to final decree. California requires 6 months waiting period after filing. Contested cases take 8-18 months or longer depending on complexity and court availability.

How is property divided in San Francisco divorces?

California follows community property rules. Marital property is divided equally between spouses. San Francisco Superior Court applies California law to property division.

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San Francisco Divorce Guide: Filing in San Francisco, California

Q: How much does divorce cost in San Francisco?

Filing fees in California vary by county. Uncontested divorces using online services cost $500-$2,000 plus filing fees. Attorney-handled divorces range from $2,000-$6,000 for uncontested cases to $10,000-$50,000+ for contested cases in San Francisco.

Q: Do I need a lawyer to get divorced in San Francisco?

No, California allows self-representation in divorce cases. However, attorney representation is recommended for contested custody, significant assets, or business ownership. Simple uncontested divorces in San Francisco often work well with online service assistance.

San Francisco handles divorce cases through the Superior Court. Whether you live in San Francisco or another San Francisco community, this guide provides everything you need to know about filing for divorce in San Francisco.

San Francisco Divorce at a Glance

County: San Francisco
Primary City: San Francisco, California
Court Type: Superior Court
Residency Requirement: 6 months in state, 3 months in county
Waiting Period: 6 months

What Makes San Francisco Unique

Every county in California follows the same state divorce laws, but San Francisco has specific local procedures, filing requirements, and resources that affect your divorce process.

Local Court Procedures

San Francisco's Superior Court has established local rules that govern how divorces proceed. These include specific document formatting requirements, filing deadlines, and hearing schedules that differ from other California countys.

Filing Requirements

The Clerk of Courts in San Francisco has specific requirements for document submission, fee payments, and case processing. Understanding these requirements before filing prevents delays and rejected paperwork.

Community Resources

San Francisco offers various divorce-related resources including mediation services, self-help centers, and legal aid programs. Availability and eligibility vary by county.

San Francisco Court Filing Fees

Divorce Petition: Filing fees in California vary by county. Contact the San Francisco Clerk of Courts for current exact fees.

Typical California Filing Fees: $75-$450 depending on county

Additional Costs:

Service of process: $40-$150
Certified copies: $1-$5 per page
Motion filing fees: $25-$100 each

Payment Methods:
Most California courts accept cash, check, money order, and credit/debit cards. Some countys charge a processing fee for card payments.

Attorney Costs in San Francisco

Attorney fees in San Francisco vary based on experience, case complexity, and whether your divorce is contested.

Hourly Rates:

Entry-level attorneys: $150-$275/hour
Experienced attorneys: $275-$400/hour
Senior attorneys: $400-$500/hour

Average Total Costs:

Simple uncontested: $1,500-$4,000
Contested divorce: $8,000-$30,000+
High-conflict cases: $30,000-$60,000+

Retainer Requirements:

Uncontested: $1,500-$3,000
Contested: $5,000-$15,000+

These are typical ranges for California attorneys. Actual costs in San Francisco depend on your specific situation.

How to File for Divorce in San Francisco

Step 1: Verify Residency

You or your spouse must meet California's residency requirement: 6 months in state, 3 months in county

Step 2: Gather Documents

Marriage certificate (certified copy)
Financial records (pay stubs, tax returns, bank statements)
Property records
Debt information
Children's information (if applicable)

Step 3: Complete Divorce Forms

California requires specific forms for divorce petitions. San Francisco may have additional local forms.

Required documents typically include:

Petition/Complaint for Divorce
Financial affidavits
Child custody forms (if applicable)
Settlement agreement (if uncontested)

Step 4: File with the Court

Submit your completed forms to the San Francisco Clerk of Courts along with the filing fee. Many California countys now offer electronic filing options.

Step 5: Serve Your Spouse

After filing, your spouse must be served with divorce papers according to California law. Service options include:

Sheriff's department
Private process server
Certified mail (if spouse agrees)

Step 6: Complete Mandatory Requirements

California may require:

Parenting classes (if children involved)
Financial disclosures
Mediation attempts
Waiting period: 6 months

Step 7: Finalize Your Divorce

For uncontested cases, a brief hearing may be required. Contested cases involve negotiations, possible trial, and final judgment.

San Francisco Divorce Timeline

Uncontested Divorce (Both Agree):

Minimum: 6 months (state-mandated waiting period)
Typical: 2-4 months from filing to final decree
Best case: 6-10 weeks with all paperwork perfect

Contested Divorce (Disputes to Resolve):

Minor disagreements: 4-8 months
Significant disputes: 8-14 months
Trial required: 12-24 months

Timelines depend on court calendar availability in San Francisco, case complexity, and how quickly both parties respond to requests.

San Francisco Superior Court

San Francisco's divorce cases are handled by the Superior Court. The court manages all aspects of family law including divorce, custody, support, and property division.

Court Functions:

Process divorce petitions
Conduct hearings and trials
Issue temporary orders
Approve settlement agreements
Enter final divorce decrees

Court Staff:
The Clerk of Courts office handles all filing, fee collection, and record keeping for San Francisco divorce cases.

California Divorce Court Locator

San Francisco Family and Divorce Courts

Court Name:

City and County of San FranciscoSuperior Court

Court Address:

400 McAllister St. between Polk and Van Ness Department 206

San Francisco,

94102

Phone:

415-551-4000

Clerk Hours:

The public viewing room is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding Court holidays. The Records Customer Service Counter inside the Public Viewing Room provides--customer assistance--with either computer-related or records questions.

Judges:

Presiding Judge--John K. Stewart

California Divorce Court Locator

San Francisco Family and Divorce Courts

Court Name:

City and County of San FranciscoSuperior Court

Court Address:

400 McAllister St. between Polk and Van Ness Department 206

San Francisco,

94102

Phone:

415-551-4000

Clerk Hours:

Judges:

Presiding Judge--John K. Stewart

Free and Low-Cost Resources in San Francisco

Legal Aid Services

California has legal aid organizations that provide free legal help to low-income residents. Contact your local legal aid office to check eligibility for services in San Francisco.

Typical Eligibility: Income at or below 125-200% of federal poverty guidelines

Court Self-Help Resources

Many California courts offer self-help centers with:

Divorce form packets
Filing instructions
Procedural information
Referrals to resources

Contact the San Francisco Superior Court to ask about available self-help services.

Pro Bono Legal Services

Local bar associations in California may offer:

Free legal consultations
Reduced-fee attorney referrals
Pro bono representation for qualified cases

Mediation Services

San Francisco may offer court-connected mediation at reduced rates, typically much less expensive than private mediation.

Affordable Online Divorce Services for San Francisco

Online divorce services provide an affordable alternative to hiring an attorney for uncontested cases in San Francisco.

Benefits of Online Services:

San Francisco-specific forms and filing instructions
Professional document preparation
Significant cost savings vs. attorney fees
Convenient online process
Support throughout your case

Best For:

Uncontested divorces where both spouses agree
Cases without complex assets or custody disputes
Couples able to cooperate on terms
People seeking affordable professional help

Typical Cost Range: $500-$2,000 plus court filing fees

Online services work well in San Francisco for straightforward cases while providing guidance and form preparation assistance.

Divorce with Children in San Francisco

San Francisco courts prioritize children's best interests in custody and support decisions.

Child Custody in California

California courts consider multiple factors when determining custody:

Each parent's ability to care for children
Children's relationship with each parent
Stability of proposed living arrangements
Children's adjustment to home, school, community
Parents' willingness to cooperate
Any history of abuse or neglect

Parenting Time

San Francisco courts encourage meaningful relationships with both parents unless safety concerns exist. Parenting time schedules are customized to each family's situation.

Child Support

California uses guidelines based on:

Both parents' incomes
Number of children
Parenting time allocation
Healthcare and childcare costs

Mandatory Requirements

California may require parents in San Francisco to:

Complete parenting education classes
Attend mediation for custody disputes
Submit detailed parenting plans
Provide financial disclosure

Common Mistakes in San Francisco Divorces

1. Incomplete Financial Disclosure

California requires full financial disclosure in divorce cases. Incomplete or inaccurate information causes delays and can result in court sanctions.

2. Missing Deadlines

San Francisco Superior Court imposes deadlines for responses, discovery, and other filings. Missing deadlines can result in default judgments or case dismissal.

3. Incorrect Forms or Formatting

Each California county has specific form requirements. Using outdated forms or incorrect formats results in rejected filings.

4. Poor Service of Process

Improperly serving your spouse invalidates the entire case. Follow California's service requirements exactly.

5. Not Following Court Orders

Violating temporary orders issued by San Francisco court can result in contempt charges and negatively impact your case.

6. Failing to Update Information

Changes in income, residence, or circumstances must be reported to San Francisco court promptly.

7. Representing Yourself in Complex Cases

While self-representation is allowed in San Francisco, complex cases involving businesses, substantial assets, or high-conflict custody benefit from attorney representation.

San Francisco Divorce FAQs

How long does it take to get divorced in San Francisco?

Uncontested divorces in San Francisco typically take 2-4 months from filing to final decree. California requires 6 months waiting period. Contested cases take 8-18 months or longer depending on complexity.

How much does divorce cost in San Francisco?

Filing fees vary by California county. Uncontested divorces using online services cost $500-$2,000 plus filing fees. Attorney-handled divorces range from $2,000-$6,000 for uncontested cases to $10,000-$50,000+ for contested cases.

Do I need a lawyer to get divorced in San Francisco?

No, but whether you should hire one depends on your situation. Attorney representation is recommended for cases involving significant assets, business ownership, contested custody, or domestic violence. Simple uncontested divorces often work well with online service assistance.

Can I file for divorce in San Francisco if my spouse lives elsewhere?

Yes, as long as you meet California's residency requirement (6 months in state, 3 months in county), you can file in San Francisco even if your spouse lives in another county or state.

What if my spouse doesn't respond to divorce papers?

If your spouse doesn't respond within the required timeframe in California, you can request a default judgment from San Francisco court.

How is property divided in San Francisco?

California follows community property rules. Marital property is divided equally between spouses.

Does San Francisco require separation before divorce?

California's laws determine separation requirements. 6 months waiting period applies after filing. Formal separation is not required before filing.

Can I change my name back in my divorce?

Yes, you can request to resume your maiden name or previous name as part of your San Francisco divorce decree.

What if I can't afford the filing fee?

San Francisco court may waive filing fees if you qualify based on low income or receipt of public assistance. File a fee waiver application with your petition.

Are divorce records public in San Francisco?

Yes, divorce records filed with San Francisco Superior Court are generally public records, though you can request certain sensitive information be sealed.

Next Steps: Start Your San Francisco Divorce

Step 1: Verify you meet California's residency requirement (6 months in state, 3 months in county)
Step 2: Gather all required financial and personal documents
Step 3: Decide between self-filing, online service, or attorney
Step 4: Complete San Francisco-specific divorce forms
Step 5: File petition with San Francisco Clerk of Courts
Step 6: Serve your spouse with divorce papers
Step 7: Complete any mandatory requirements
Step 8: Finalize your divorce through settlement or hearing

About This San Francisco Divorce Guide

This comprehensive guide provides detailed information about filing for divorce in San Francisco, California. Information covers local procedures, filing requirements, costs, and resources specific to San Francisco's Superior Court.

Last Updated: February 2026

Note: Laws and procedures change. Always verify current requirements with San Francisco Clerk of Courts or consult with a qualified California family law attorney.

RETAINER FEE  
PETITION    

COURT FILING FEE  SUMMONS  
AFFIDAVIT
  MOTIONS  
ARGUMENTS  
TEMPORARY ORDERS  HEARINGS  
SUBPOENAS
  DEPOSITIONS
  SETTLEMENT  CONFERENCES  JUDGEMENT

    TRIAL  
APPEALS

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Written By:

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San Francisco Divorce Guide: Filing in San Francisco, California

San Francisco Divorce at a Glance

County: San Francisco
Primary City: San Francisco, California
Court Type: Superior Court
Residency Requirement: 6 months in state, 3 months in county
Waiting Period: 6 months

What Makes San Francisco Unique

Every county in California follows the same state divorce laws, but San Francisco has specific local procedures, filing requirements, and resources that affect your divorce process.