San Francisco Divorce Settlement Lawyers

A divorce settlement or negotiated divorce agreement allows you to come to a resolution with your spouse outside of the courtroom. Both sides hire their own lawyers who negotiate an agreement between the two parties. Compared to litigation, a negotiated divorce settlement can save you from the significant expense and reduce how much you have to communicate with your spouse. At Moradi Saslaw, our San Francisco divorce attorneys are dedicated to preserving your wealth, custody, and visitation rights.

The Pros and Cons of negotiated divorce agreements

Pros of a divorce settlement

Clients are each represented by their own lawyers
You can usually reach a resolution faster than traditional litigation
Lower cost of time and resources compared to litigation
Less stressful and antagonistic than going to trial
The process can be more discreet than litigation, where the courthouse records are public

Cons of a divorce settlement

You likely will have to compromise on some terms to get an agreement
If one party is unwilling to compromise, the other party will have to give in to their demands or else go to trial

The settlement and negotiated divorce agreement process

Step 1: Hiring a divorce attorney

As soon as you and your spouse decide to get a divorce, each of you hires your own Irvine divorce lawyer. When you work with Moradi Saslaw Orange County divorce attorneys, we take the time to understand your goals and the outcomes you want to achieve. We assess the specific facts of your case, explain the legal process to you, and give you a recommendation on how to move forward.

Step 2: Filing and serving the divorce petition

Your official divorce proceedings start when one party files their divorce petition with a court and serves a copy of the petition to the other party.

Step 3: Interim agreements

Both sides’ attorneys work together to create interim agreements for custody, visitation, spousal alimony, child support, expense payments, and any other specifics that need to be addressed. Interim measures are short-term accommodations put in place by the court to maintain the status quo before reaching a more permanent resolution.

Step 4: Information Gathering

The information-gathering process begins. In California, both parties must exchange a preliminary declaration of disclosure (PDD). In this document, each spouse provides the other with information about their income, assets, debts, and other essential details concerning their wealth. At Moradi Saslaw, our divorce lawyers will help you draft your declaration with a strategic approach. In addition, our firm will run a thorough forensic investigation if you believe your spouse is attempting to hide assets from you.

Step 5: Creating a settlement offer

Our attorneys analyze each party’s assets, debts, income, and expenses. For more complicated community and separate property estates, we may bring in additional support like wealth management specialists, forensic accountants, and asset and business valuation experts. Using this information and keeping your goals in mind, we create a settlement offer.

Step 6: Review and respond

We review and respond to settlement offers and negotiate with opposing counsel to reach an agreement. The divorce process may shift to litigation if an agreement isn’t possible through negotiation. However, most of the time, clients reach a negotiated settlement.

An example of a negotiated divorce agreement

John Doe, a real estate developer, and Jane Doe, a non-profit lawyer, have been married for twelve years and have two young children. John approaches our firm for divorce representation, seeking equal custody of their children and full ownership of his business.

After filing the divorce petition, our attorneys establish interim solutions, including a temporary custody arrangement that splits the children’s time equally. We assist John in completing his declaration of disclosure and begin the information-gathering process.

A key concern is determining whether John and Jane’s businesses are community or separate property under California law. If John started his business during the marriage, it qualifies as community property, requiring a valuation for a potential buyout of Jane’s interest. If the business was started before the marriage, we must assess the community effort invested in its growth.

Preserves equal custody of the children
Buys out Jane’s interest in John’s company, giving him full ownership

We send the offer to Jane for acceptance or negotiation. Negotiations continue until both parties are satisfied and sign the settlement agreement.

Frequently asked questions about divorce settlements and negotiated divorce agreements

How long will it take to finalize my divorce?

Under California law, your marital status cannot change until at least six months and one day after the date your divorce petition is served.

However, that does not mean you have to wait to resolve the issues in your divorce. The length of time it takes to negotiate a settlement varies from client to client. Some clients resolve their cases within a few months. Other cases could take much longer to resolve. The biggest factors in length of time to divorce is the parties’ willingness to settle, the complexity of assets that need to be valued, and whether separate property tracings need to be analyzed.

How will we come up with a custody agreement?

Custody will vary based on your situation. Couples often reach a temporary agreement to establish a visitation schedule for their children while their divorce is being finalized. This interim custody schedule may not reflect what your final custody agreement looks like. Even final custody and visitation agreements may not be permanent – they can change if you, your spouse’s, or your children’s needs change over time.

We are dedicated to helping our clients find the best situation for their family. Our firm is here to help when situations change and new agreements must be reached. We often work with co-parent counselors and psychologists in helping our clients reach custody agreements that are in the best interests of their children and the family as a whole.

What are the most important elements in the divorce process?

The divorce lawyers at Moradi Saslaw have decades of combined family law experience. In every divorce, no matter the type, we identify the five main elements:

Assets and debts – What is community property versus separate property? Does either spouse have reimbursement rights? How are assets and debts divided in a divorce?
Child custody – What will the parenting schedule look like? Should both parents be responsible for important decisions about the children or just one? If both parents are to make decisions, what is the best way for those decisions to be reached, given all the personalities involved?
Spousal support – Should either spouse pay support to the other? How much should they provide and how long should it last?
Child support – Should either spouse pay child support to the other? How much should they provide and for how long?
Attorney’s fees – Will either party contribute to the other’s attorney’s fees?

We build your divorce strategy and negotiate the terms of your settlement based on your goals and needs for each of the categories above. Every divorce is different and we provide each client with the personalized advice and support they need to build their best future post-divorce.

Is a negotiated divorce agreement and settlement right for you?

The more assets you have, the more complicated your divorce settlement can get. You need a law firm with a proven track record at the negotiation table that can explain the different types of divorce proceedings available to you.

High-net-worth divorces have different needs than typical divorce cases. High earners and top performers like tech CEOs, venture capitalists, doctors, lawyers, startup entrepreneurs, and real estate developers have unique considerations they must take into account. You and your spou.se may have additional expenses like private school or college tuition, hobbies or lessons for your children, or full-time childcare employment. You or your spouse’s assets or business interests may be tied up in complex financial entities.

Why choose our San Francisco, California Divorce Settlement 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 Settlement Attorneys

At Moradi Saslaw, we have the expertise to address your particular concerns and carry out a full forensic investigation to negotiate your case to a successful resolution. If you’re looking for experienced divorce settlement attorneys who can get you the best negotiating position possible, call us at (415) 625-4587 or fill out our contact form to schedule a consultation.