Navigating Divorce & Legal Separation in the San Francisco Bay Area

Making the decision to end a marriage or legally separate is one of life's most difficult and significant

crossroads. The path forward can seem uncertain, filled with questions about your children, your finances, and your future. At Szeto-Wong Law, we understand. We provide clear, compassionate, and strategic legal guidance to protect what matters most to you.

For over a decade, our firm has been dedicated to helping individuals and families across the San Francisco Bay Area navigate the complexities of California family law. We are your advocates, committed to safeguarding your rights and helping you build a stable foundation for your next chapter.

Understanding Your Options: Divorce vs. Legal Separation

In California, you have two primary avenues for restructuring your family and finances. Choosing the right path depends on your unique circumstances.

Divorce (Dissolution of Marriage) A divorce is the legal process that formally ends your marriage.

• Finality: It completely severs the marital bond.

• Status Change: Upon final judgment, both parties are legally single and free to remarry.

• Comprehensive Orders: The court will issue final, binding orders on all relevant issues, including property division, support, and custody.

Legal Separation A legal separation allows a couple to live apart and formalize their financial and parental arrangements without officially ending the marriage.

• Marriage Intact: You remain legally married. Neither party can remarry unless the separation is later converted to a divorce.

• Why Choose It? Clients may choose legal separation for various reasons, including religious beliefs, maintaining eligibility for a spouse's health insurance benefits, or preserving certain tax and social security benefits associated with the length of the marriage.

• Identical Process: The court can make the same orders regarding child custody, support, and property division as it would in a divorce.

Our attorneys will take the time to listen to your story, understand your goals, and explain the strategic advantages of each option for your specific situation.

Comprehensive Guidance Through Every Aspect of Your Case

The attorneys at Szeto-Wong Law have extensive experience managing all issues that arise during a divorce or legal separation, especially those unique to the high-asset, dynamic environment of the Bay Area. We meticulously handle:

• Child Custody & Visitation: We prioritize the well-being of your children, helping you create a stable and loving parenting plan that serves their best interests while protecting your parental rights.

• Child Support: We ensure support is calculated correctly according to California guidelines, accounting for all sources of income to provide for your children's needs.

• Spousal Support (Alimony): We advocate for fair and appropriate spousal support orders, whether you are the supporting or the supported spouse, considering all legal factors to ensure a just outcome.

• Division of Community Property: Dividing assets can be one of the most contentious parts of a divorce. We have deep experience in the valuation and division of complex Bay Area assets, including:

  • Real estate holdings

  • Retirement accounts (401(k)s, IRAs, pensions)

  • Stock options and Restricted Stock Units (RSUs)

  • Business interests and professional practices

  • Financial investments and bank accounts

The Szeto-Wong Law Advantage: Local Experience Matters

A successful family law case requires more than just knowing the law; it requires knowing the local landscape. Our firm is deeply rooted in the Bay Area legal community.

We regularly represent clients in the Superior Courts of:

• San Francisco County

• Alameda County

• Contra Costa County

• San Mateo County

• Santa Clara County

This local experience means we understand the specific procedures and judicial tendencies of each courthouse. We tailor our legal strategies not just to your case, but to the venue where your case will be heard. We understand the economic realities of living here and are prepared to handle the unique financial complexities that define our region.

Legal Separation in San Francisco County

1. No Minimum Residency Requirement

• This is a significant advantage. For a divorce, one spouse must have lived in California for at least six months and in San Francisco County for three months prior to filing.

• For a legal separation, there is no such time requirement. As long as one spouse resides in California when the petition is filed, you can begin the process in San Francisco Superior Court. This is ideal for couples who have recently relocated and require immediate, legally binding orders.

2. The Filing Process

• The process is initiated by filing a Petition (Form FL-100) with the San Francisco Superior Court's Unified Family Court.

• The key difference is simply checking the box for "Legal Separation" instead of "Dissolution (Divorce)" on the form. The subsequent steps regarding financial disclosures and serving the other party are nearly identical to a divorce.

3. No Mandatory Waiting Period

• California law imposes a mandatory six-month "cooling-off" period for all divorces. The marriage cannot be officially dissolved until at least six months have passed from the date the respondent was served.

• A legal separation does not have this waiting period. It can be finalized as soon as all issues (property, support, custody) are resolved and the final judgment paperwork is signed by the judge.

4. The Legal Outcome

• The final result of a legal separation is a legally enforceable judgment from the court. This judgment will contain the same comprehensive orders regarding property division, child custody, child support, and spousal support as a divorce decree.

• However, the parties remain legally married. Neither person is free to remarry unless the legal separation is later converted into a formal divorce.

While understanding the legal process is vital, being familiar with the physical courthouse and its operational systems provides a significant advantage. At Szeto-Wong Law, we don't just know the law; we know the landscape where your case will be heard.

• Your Case is on the Fourth Floor: All San Francisco family law matters, including custody and divorce hearings, take place on the fourth floor of the Civic Center Courthouse at 400 McAllister Street. The departments (courtrooms) dedicated to family law are located here, and our familiarity with each department's staff and procedures ensures we can manage your case efficiently.

• Arrive Early for Security: The Civic Center Courthouse is a secure building. All visitors must pass through a security screening similar to an airport. We always advise clients to arrive well in advance of their scheduled hearing time to account for potential lines at the security checkpoint and to ensure a calm, prepared arrival at the courtroom.

• Mandatory Electronic Filing: For all parties represented by an attorney, the San Francisco Superior Court mandates the use of an electronic filing (e-filing) system. Our firm is proficient with this system, which means all your documents are filed accurately and instantly with the court, eliminating the risk of mail delays or physical filing errors. This modern approach is a key part of how the court manages cases efficiently.

Free Confidential Consultation - Now

Navigating a divorce or separation is a journey you do not have to take alone. Let us provide the support, knowledge, and advocacy you need to move forward with confidence.

Contact Szeto-Wong Law today to schedule a confidential consultation. Call us at 650-426-6264 or fill out our online contact form to connect with an experienced San Francisco Bay Area family law attorney.

Other San Francisco Resources

If you are seeking legal separation in San Francisco County, you might find these other resources helpful.