Learn about the Process of Divorce or Dissolution

If you have decided on divorce or dissolution of a registered domestic partnership, you next need to make two important choices: (1) what process to use and (2) which professional to work with. These two initial choices will have significant impacts for you, your family, and your finances. Divorce in California is legally referred to as dissolution of marriage. The process is now essentially identical for both opposite sex and same sex married couples and for registered domestic partners. Either spouse or partner may file a Petition for Dissolution of Marriage or Registered Domestic Partnership based on irreconcilable differences to begin the legal process with the court.

San Francisco attorney and mediator Lisa J. Auer will work toward helping you reach a settlement through negotiation or mediation. Reaching an out-of-court settlement generally produces a better outcome for everyone involved, allows you to have more control, and keeps costs down. If litigation becomes necessary, Lisa can refer you to experienced family law litigators and help transition your case.

Helping You with Property Division

As part of the divorce or dissolution process, you and your spouse or partner will need to divide your assets and debts. You may need to determine the separate or community property character of assets and debts, the values, and the appropriate allocation between you and the other party. As the first step in this process, both parties will need to complete detailed financial disclosures regarding their income and expenses and all assets and debts, whether community or separate property.

Under California law, all money or property acquired during marriage or registered domestic partnerships is presumed to be community property. Upon dissolution, community property and debts are generally divided equally and separate property confirmed to the owner unless the parties agree otherwise.

Experience with Complex Property Issues

Lisa has significant experience with sophisticated and complex property issues such as valuation of businesses and professional practices and division of stock options and partnership interests. She regularly works with forensic accountants, tax consultants, business valuation experts, real estate professionals and other financial experts in complex cases. She can also advise you regarding separate property claims and reimbursement claims.

Ready to Handle Child Custody and Support Issues

Other aspects of divorce or dissolution that we will address, depending on your case, include:

  • Custody of children, including developing a parenting plan that works for your family
  • Support for children, including making sure that your children's needs are met and helping you determine and understand guideline child support when applicable
  • Alimony payments (spousal or partner support), including looking at both parties' financial circumstances and determining whether temporary or post-judgment support will be paid to one party Post-judgment modifications to child custody, child support or spousal or partner support when circumstances change after the divorce

Contact Auer Family Law to Consult with a Divorce Lawyer

We handle all aspects of divorce or dissolution, including division of property, child custody, child support, spousal or partner support, and post-judgment modifications. To schedule a consultation with us, call 415-766-0122 or send us a message online.