🤞 San Francisco Divorce Court Judgments are Different: Uncontested San Francisco Divorce
I’m Tim Blankenship with Divorce661. If you’re filing an uncontested divorce in San Francisco, there’s one local preference that can save you time and headaches: the court typically wants a signed Marital Settlement Agreement (MSA) — the actual narrative of your agreement — rather than relying solely on a generic judgment form. Keep that in mind when you prepare and submit your judgment paperwork.
Why San Francisco handles judgments differently
Counties handle family law paperwork differently. In San Francisco, clerks and judges expect the parties’ detailed agreement (the MSA) to be the document that the court incorporates into its judgment. The MSA is the narrative that explains what the parties agreed to — division of property, spousal support, child custody and support, and any other terms — rather than just checking boxes on a standard judgment form.
San Francisco is one of the counties that wants a Marital Settlement Agreement — the actual narrative — versus using the judgment form.
What is a Marital Settlement Agreement (MSA)?
An MSA is a written contract between spouses that lays out every material term of the divorce settlement. Unlike a one-page judicial form, the MSA provides the narrative detail the court needs to make the agreement part of the final judgment.
- Contents: division of community and separate property, debt allocation, spousal support terms, parenting plan, health insurance, tax issues, and enforcement language.
- Signatures: it must be signed by both parties (and often notarized if required by local practice).
- Attachment to judgment: the court usually incorporates the MSA by reference into the final judgment or decree.
Practical checklist before filing in San Francisco
- Prepare a clear, complete Marital Settlement Agreement that narrates each settlement term.
- Ensure both parties sign the MSA. Notarize if appropriate or required.
- Prepare a proposed Judgment or Decree that explicitly incorporates the MSA by reference (e.g., “The Court incorporates the Marital Settlement Agreement dated [date] into this Judgment”).
- Attach the signed MSA to the proposed Judgment when you file with the clerk.
- Confirm local filing requirements with the San Francisco Family Law Clerk or the court’s website — procedures and required forms can change.
Tips to avoid common problems and delays
- Don’t rely solely on a short judgment form. Attach the full MSA as the controlling document.
- Use plain, unambiguous language in the MSA. The court will incorporate the exact terms you provide.
- Number and label each section in the MSA (e.g., “Property Division,” “Spousal Support,” “Custody & Visitation”) so the clerk and judge can easily reference provisions.
- Check for signature and date lines for both parties and include mailing addresses for future correspondence if the court requires them.
- If you’re unsure, contact the Family Law Facilitator or the clerk’s office in San Francisco before filing — a quick question can prevent rejections and continuances.
When to get help
If your case involves complicated property division, retirement accounts, business interests, or disputes about parenting time and child support, consider consulting a family law attorney. Even in uncontested matters, an attorney can draft an MSA that avoids ambiguity and protects your rights.
Conclusion
If you’re turning in a judgment in San Francisco, remember: the court usually wants the full Marital Settlement Agreement — the narrative of your settlement — incorporated into the judgment rather than just a simple judgment form. Prepare a clear, signed MSA, attach it to your proposed judgment, and confirm any local filing nuances with the court. That small step will often prevent delays and ensure your judgment reflects exactly what you and your spouse agreed to.