San Francisco Divorce Litigation Lawyer

Divorce has no one-size-fits-all solution. 80% of divorces are unilateral, which makes litigation the most commonly used divorce procedure. But litigation covers a range of legal strategies – some of which involve limited or no court appearances. Divorce litigation often has high stakes on the line, especially for professionals with extensive assets and investments. As your attorney, our Bay Area law firm is dedicated to helping you achieve your goals throughout your divorce. Our award-winning family law team specializes in successfully navigating the unique challenges of high-net-worth divorces.

Pros and Cons of Divorce Litigation

A. Pros of divorce litigation

You can achieve the outcome you want even if your spouse refuses to compromise.
If you’re facing an uncooperative spouse or witnesses, the courts can issue legal decrees requiring parties to cooperate with the divorce litigation process.
Courts have subpoena power so they can make your spouse disclose any assets or records that they’re trying to hide from you.
You can get a legally binding resolution even if your spouse refuses to appear in court.
Litigation is often the only option in cases involving domestic violence because it doesn’t involve negotiating or compromising with your abuser.
The court can issue temporary or interim orders to maintain the status quo or protect the parties during the time it takes for litigation to resolve.

B. Cons of divorce litigation

Divorce litigation takes time, anywhere from months to even years.
If a court litigates your divorce, the ultimate decisions and legally binding terms will be decided by a judge who knows far less about your family than you do.
You give up a lot of control in the decision-making process. Allowing a judge to make important decisions concerning child custody and support, spousal support, and property and asset division can be nerve-racking and uncomfortable.
The divorce litigation process can be mentally and emotionally taxing since family members may end up having to testify as witnesses against each other.
Litigation is a public matter, which makes your divorce case public record.

How does divorce litigation work in California?

Stage 1: Hiring a divorce litigation lawyer

Once you or your spouse decide on divorce, your first step should be consulting a trusted, experienced local family lawyer. At Moradi Saslaw, we’ll start with an initial interview to understand your situation. We’ll ask for relevant documents on finances, assets, childcare, and marital issues. Together, we’ll discuss your goals and concerns to devise the best strategy moving forward.

Stage 2: Filing your divorce petition with the court

After the initial interview, your attorney will prepare and file your divorce petition, outlining your desired outcomes for child custody and support, spousal support, and division of assets and debts. Your attorney will notify your spouse of the petition by mail, in person, or through the local sheriff’s office. In California, your spouse has 30 days to respond. If your spouse files first, your attorney will help you respond within the 30-day timeframe. If your spouse does not respond, the court will grant a default judgment in your favor.

Stage 3: Discovery and exchanging information

During the discovery stage, you and your spouse will exchange detailed information about assets, income, debts, household bills, child custody, parenting responsibilities, and other relevant issues. This process may involve document requests, depositions, and interrogatories. Both spouses must cooperate fully and honestly. Failing to do so, hiding assets, or obstructing the process can result in court violations and may negatively impact the final divorce judgment.

Stage 4: Divorce trial and court hearings

At your divorce trial, the judge will hear both sides to make decisions on all issues. Your legal team will:

Present evidence and arguments
Call witnesses to support your arguments
Cross-examine the other side’s witnesses
Make closing arguments after presenting all evidence

You may need to attend temporary custody, support, or alimony hearings. Throughout the trial, the judge will encourage both parties to settle if possible.

Stage 5: The final judgment and post-trial motions

At the end of the trial, the judge will announce their legally binding decisions in the final judgment order, covering:

Division of marital assets and debts
Child custody, support payments, visitation, and living arrangements
Spousal support (alimony) payments

After the decision, you have a limited time to file a post-trial “motion for relief” to argue why the ruling is unfair. If approved, you can present your case to the judge.

An example of divorce litigation

Background

Jane Doe, CEO at a tech company, and John Doe, a programmer who recently released a successful app, have been married for twelve years and have a ten-year-old child.

Conflict

The couple is separating due to infidelity accusations, making constructive negotiation impossible. John seeks monthly spousal and child support from Jane due to her higher salary. Jane argues for part ownership of John’s app, citing her financial support during its development. Both seek sole child custody.

Legal Actions

John files a divorce petition; Jane approaches our firm for representation. We respond to the petition after an initial interview and document collection.

Discovery

We request all documents related to the app, proving it was created during the marriage. At trial, our expert appraiser evaluates the app’s market value, arguing it is community property deserving of a split based on Jane’s contributions.

Arguments

We argue John’s new salary matches the standard of living he enjoyed, negating the need for spousal support. A child psychologist testifies the child would benefit from having both parents involved, absent any abuse evidence.

Judgment

The judge rules Jane gets an ownership interest in the app and does not owe John alimony. Both parents share equal custody with a court-set visitation schedule.

Post-Trial

John files a post-trial motion for relief; we respond and it is denied. Due to high appeal costs and low success chances, John accepts the verdict. We refer Jane to a co-parenting expert to help the couple move forward constructively.

Frequently asked questions about divorce litigation

How long does divorce litigation take in California?

Divorce litigation can take anywhere between several months to years depending on the complexity of your case. Even in the most complicated cases, our dedicated team of lawyers will work to get you the best outcome as efficiently as possible.

Can you appeal a divorce judgment?

Yes. Once a final judgment has been entered, you can file an appeal to have a higher court review the outcome of your case. Your attorneys will help you file a brief with the proper appeals court. Your ex-spouse will then have a chance to submit a response.

Is divorce litigation right for you?

At Moradi Saslaw, we know how much your privacy and family matter to you. Divorce is a challenging process no matter what. But contested divorce litigation could end up risking all of the things that you hold dearest in your life.

Our San Francisco Divorce Litigation Attorneys can help

At Moradi Saslaw, our experienced divorce litigation attorneys are committed to providing personalized, strategic support to help you achieve the best possible outcome. Here’s how we can assist you:

We stay updated on the latest legal precedents and strategies to provide you with the most effective representation.
We thoroughly understand your circumstances and goals and develop a comprehensive strategy that aligns with your interests and priorities.
We work with financial experts, when necessary, to accurately appraise assets, including businesses, investments, and real estate, ensuring fair and equitable distribution.
We prioritize the well-being of your children by advocating for custody arrangements that serve their best interests.
We provide robust representation to ensure that any alimony arrangements are fair and justified.
We are adept at mediation and settlement negotiations, striving to achieve favorable outcomes without the need for protracted court battles.
We assist you in modifying custody, support, and other orders post-divorce, ensuring continued fairness and adaptability to new situations.

Why choose our San Francisco, California Divorce Litigation lawyers?

We are a full-service family law firm with experience litigating and negotiating complex divorces and domestic partnership dissolutions in California since 2009.

We understand more than family law: From analysing dividing stock options and restricted stock to untangling limited partnership interests and even working with a forensic accountant, we effectively support our clients in the high-asset landscapes of the Bay Area.
We’re well-versed in custody matters: Our strategies are all about your children’s best interests, including helping you and your partner become successful co-parents when possible.
When we say team, we mean it: We review client cases at weekly roundtable strategy sessions; this ensures that our clients receive the best possible solutions for their complex situations.
We are straightforward with our clients: We tell you what you need to hear, not what you want to hear. Our attorneys answer your questions before, throughout and even after the journey of your case.

San Francisco's most trusted Family Attorneys

Whether it’s a simple asset division, a basic custody agreement, or more intricate matters like dividing stock options, limited partnership interests, or a contested custody dispute, we develop creative strategies to meet every goal. Our premier divorce lawyers have a strong record of courtroom success and negotiated settlements.

Awards and Memberships

Success Stories that answer ‘Why Moradi Saslaw?’

Kiana Moradi has an unquestionable understanding of Bay Area family law Which includes partnership interests, startup economics, and custody disagreements, especially as they relate to the specific needs and understandings of the San Francisco area. I would highly recommend them for just about any situation.

- Alec Los Angeles, CA

Jennifer handled my case. She is shrewd and trustworthy. Jennifer handled my case. She is shrewd and trustworthy. What I valued the most is that she made me feel safe; that meant more than anything to me. I felt I had someone strong on my side though she treated both parties with respect.

- Mia Google Review

Contact San Francisco’s best Divorce Litigation Attorneys

If you and your spouse are facing a unilateral or contested divorce, you may have to go to court to resolve your differences through divorce litigation. For divorce litigation lawyers who can deliver effective strategies to reach your goals in even the most contentious divorce, call us at (415) 625-4587 or fill out our contact form to schedule a consultation.