Step-by-Step Guide to Filing for Divorce in California

Step-by-Step Guide to Filing for Divorce in California

Filing for divorce can be a challenging and emotional process, especially in California, where the laws and procedures can be complex. This guide aims to simplify the process by breaking it down into clear, manageable steps. Whether you're just starting or you're already in the midst of the process, this guide will help you understand what to expect and how to navigate the divorce proceedings in California.

1. Determine Eligibility for Divorce in California

Before you can file for divorce in California, you need to meet the residency requirements:

• Residency: Either you or your spouse must have lived in California for at least six months and in the county where you plan to file for at least three months.

If you do not meet these requirements, you may need to wait until you do or explore other options, such as legal separation, until you become eligible. You can use this where to file tool provided by the state court system to determine if you meet the requirements.

2. Decide on the Grounds for Divorce

California is a "no-fault" divorce state, meaning that you don't need to prove wrongdoing by your spouse to file for divorce. The most common grounds for divorce are:

• Irreconcilable Differences: This is the most common reason, indicating that the marriage cannot be repaired.
• Incurable Insanity: This is rare and requires proof that one spouse is permanently incapacitated.

3. Prepare and File the Divorce Petition

To begin the divorce process, you'll need to complete the following forms:

• Form FL-100: Petition for Dissolution of Marriage.
• Form FL-110: Summons.
• Form FL-140: Declaration of Disclosure.
• Form FL-142 or FL-160: Schedule of Assets and Debts.
• Form FL-150: Income and Expense Declaration.

You can obtain these forms from the California Courts website or your local courthouse. Once completed, file them with the clerk of the court in the county where you meet the residency requirements. You will need to pay a filing fee, which varies by county. If you cannot afford the fee, you can request a fee waiver.

4. Serve the Divorce Papers

After filing, you must legally notify your spouse of the divorce by "serving" them with copies of the filed documents. This can be done by:

• Personal Service: Having someone over 18 who is not involved in the case hand-deliver the papers to your spouse.
• Service by Mail: With your spouse’s written agreement, you can serve the papers via mail.

Once served, your spouse has 30 days to respond.

5. Responding to the Divorce Petition

If you are the one being served with divorce papers, you have 30 days to respond by filing:

• Form FL-120: Response to Petition for Dissolution of Marriage.
• Form FL-140: Declaration of Disclosure.
• Form FL-142 or FL-160: Schedule of Assets and Debts.
• Form FL-150: Income and Expense Declaration.

If you fail to respond within 30 days, the court may grant your spouse a "default" judgment, meaning they may get what they asked for in the divorce petition without further input from you.

6. Disclosure of Financial Information

Both parties are required to exchange financial information through preliminary and final declarations of disclosure. This process ensures that both spouses are aware of each other's income, assets, and debts, which is crucial for dividing property, determining spousal support, and child support.

7. Negotiate a Settlement

If both parties can agree on all issues, including property division, spousal support, and child custody, you can draft a Marital Settlement Agreement (MSA). This agreement will outline the terms of your divorce and must be signed by both parties.

If you cannot reach an agreement, the court will decide these issues through hearings or a trial.

8. Attend Court Hearings (if necessary)

If there are disputes that you cannot resolve through negotiation or mediation, you may need to attend court hearings. The judge will make decisions on contested issues based on the evidence presented by both parties.

9. Finalizing the Divorce

Once all issues are resolved, either through agreement or court orders, you will need to prepare a Judgment of Dissolution of Marriage. This document finalizes your divorce and outlines the terms.

Submit the judgment to the court for approval. Once the judge signs it, your divorce is complete. In California, there is a mandatory six-month waiting period from the date your spouse is served before the divorce can be finalized.

10. Post-Divorce Considerations

After your divorce is finalized, you may need to take additional steps:

• Updating Legal Documents: Update your will, trust, and beneficiary designations.
• Name Change: If you want to change your name, you can request this as part of your divorce.
• Child Support and Custody: Ensure that all orders regarding child support and custody are being followed.

Filing for divorce in California can be a complex and emotional journey, but understanding the steps involved can make the process more manageable. Whether you're handling the divorce yourself or working with an attorney, this guide should provide a solid foundation for navigating the legal procedures and making informed decisions along the way.