Wade Litigation is a divorce law firm serving Novato and Marin County, handling uncontested and contested dissolutions, legal separations, high-asset and business-owner divorces, and the support and custody issues that come with them. Our attorneys appear regularly in the Marin County Superior Court at the Civic Center in San Rafael, prepare every case as if it will be tried, and offer a no-cost case evaluation so you know where you stand before you file.
Why Novato Spouses Choose Wade Litigation
Divorce is the most consequential financial transaction most people will ever go through, and it happens at the worst possible time emotionally. Our clients choose us because we treat the case with the seriousness it deserves: we build the financial record early, we do not let the other side set the pace, and we explain every decision in plain language. Wade Litigation has been recognized by the National Academy of Family Law Attorneys and the American Institute of Family Law Attorneys, and our founder, Amiel Wade, has a record of more than 300 winning cases.
Divorce in Marin County
Novato sits at the northern end of Marin County, a short drive from the county courthouse in San Rafael and from our San Francisco office across the Golden Gate. Marin’s high property values and dual-income households mean that even a straightforward divorce can involve a substantial family home, stock compensation, and retirement accounts that must be characterized and divided correctly.
How Much Does a Divorce Cost in Novato?
The honest answer is that it depends on how much is contested. An uncontested divorce in which the spouses agree on property, support and parenting can be completed for a modest flat or hourly fee plus the court filing fee. A contested case with disputed custody, a family business or hidden income costs substantially more because it requires discovery, expert work and hearings. We give every client a realistic estimate at the first meeting and revisit it as the case develops, and we look for ways to resolve issues by agreement without giving up leverage.
The California Divorce Process Step by Step
To file in Marin County, one spouse must have lived in California for six months and in the county for three months. The case begins with a petition and summons, which are served on the other spouse, who then has thirty days to respond. Both spouses exchange preliminary declarations of disclosure listing all assets, debts, income and expenses. If either spouse needs temporary orders for support, custody or use of the home, a Request for Order is filed and heard by the court. Most cases then move into negotiation or mediation; those that cannot be settled go to a settlement conference and trial. The marriage cannot be dissolved until six months have passed from service, though a judgment resolving everything else can be entered earlier.
Community Property and Division of Assets
California is a community property state. Everything acquired during the marriage through either spouse’s effort is community property and is divided equally, while property owned before the marriage or received by gift or inheritance is separate. The hard questions arise when property is mixed: a home bought before marriage but paid down with community earnings, a business started before marriage that grew during it, or retirement accounts that span both periods. Our Novato divorce attorneys trace and characterize those assets, work with forensic accountants and appraisers when the numbers justify it, and make sure the final division reflects what the law actually requires.
Spousal Support in Marin County Divorces
Temporary spousal support while the case is pending is usually calculated with a formula. Long-term support is decided under Family Code section 4320, which considers the length of the marriage, each spouse’s earning capacity and needs, contributions to the other’s education or career, age and health, and the marital standard of living. Marriages of ten years or more are treated as long-duration marriages in which the court retains jurisdiction over support indefinitely. We represent both the spouse seeking support and the spouse asked to pay it.
Child Custody and Child Support in a Divorce
When children are involved, the divorce also decides legal and physical custody, a parenting schedule, and guideline child support. Contested custody issues are referred to Family Court Services for mediation before a judge rules. Our Novato child custody attorneys handle these issues inside the divorce so that the parenting plan and the financial orders are built together rather than in conflict.
Types of Divorce Cases We Handle
Uncontested divorces and summary dissolutions; contested divorces involving custody or property disputes; high-asset divorces with real estate, stock compensation and retirement assets; business-owner divorces requiring valuation and buyout structures; divorces involving hidden income or concealed assets; legal separations; and post-judgment modifications and enforcement.
Serving All of Marin County
We represent spouses in Novato, San Rafael, Mill Valley, Sausalito, Tiburon, Larkspur, Corte Madera, San Anselmo and every other community in Marin County. Consultations are available by phone and video, and in person by appointment. If you are considering a divorce or have been served with one, contact Wade Litigation for a no-cost case evaluation. For other family matters, see our Novato family law page.
How long does a divorce take in Novato?
At least six months from the date your spouse is served, because of California’s mandatory waiting period. Uncontested cases usually finish near that minimum; contested cases can take a year or longer depending on the issues and the court’s calendar.
Does it matter who files first?
Legally, very little. The petitioner does not get an advantage on property, support or custody. Filing first can matter for timing, for securing temporary orders, and for choosing the county when the spouses live in different places.
Is California a 50/50 state for divorce?
For community property, yes. Assets and debts acquired during the marriage are divided equally in value, although not every asset is split down the middle; one spouse may keep the house while the other receives offsetting assets. Separate property is not divided.
Can we finish the divorce faster if we agree on everything?
You can resolve everything by written agreement and submit it to the court, but the judgment dissolving the marriage cannot take effect until six months after service. The agreement itself can be reached and filed well before then.
Which court handles divorces for Novato residents?
Marin County Superior Court. Our attorneys appear there regularly and know the departments, local rules and scheduling practices that affect how quickly a case moves.
Do I need a lawyer if my spouse already has one?
You are not required to have one, but an unrepresented spouse negotiating against an attorney is at a real disadvantage on property characterization, support calculations and the disclosure rules. A consultation will tell you what is at stake in your case.
Clients Throughout California
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