How to File for Divorce in California Step-By-Step

Step-By-Step Guide: How to File for Divorce in California

If you are thinking about getting divorced in California, but you don’t know where to start, then don’t worry. This article is a guide for you.

Getting divorced can indeed be one of the toughest times in our lives. Unfortunately, we can’t help you with everything you are going through. We can arm you with the essential information about how to file for divorce and what to expect. There is sufficient information out there, and it can be overwhelming, not least, when you have more crucial things to think about than reading endless legal documents. This guide will outline the whole process from start to finish and give you the clarity and confidence to know how to take your next steps.

When people get divorced, they commonly make the mistake of believing that a good lawyer or merely knowing that they are right will deal with their problems. In truth, the most significant factor in how well the process will go is you. That might seem daunting, but it’s good news. You already have more control than you might have thought!

Before you learn how to file for divorce, it is worth asking yourself:

• Am I willing to learn?
• When things don’t go my way, what can I do to keep calm under stress?
• Will I be willing to listen to professional advice? Even if I don’t like it?
• Will I be willing to accept what I cannot change?

Right from the start, one thing that we cannot change is the law. Some people want to fight it, and some people work with it. But it never changes. If you are ready to work with it, and you have acceptable answers to the four questions above, then there is no reason why your divorce has to echo the divorce horror stories that we have all heard.

Every divorce starts with filing the petition and ends with the final judgment. The judgment includes facts about your finances, property, and children, and gives a ruling on how your assets will be divided, and custody of children will be arranged. It is also important to note that in California, there is a minimum waiting period of six months from the date of the petition until the divorce is finalized.

• The Divorce Petition (Family Law Form FL-100) is the document that starts the divorce process. The spouse who files the petition is the ‘petitioner.’ The spouse who will be served with the petition is referred to as the ‘respondent.’ In this case, we assume you are the petitioner.

The petition includes facts about you and your spouse’s relationship, including dates of marriage and separation, your residence(s), and overall information about what the petitioner wants concerning crucial areas.

• It is necessary that you complete the Summons (Form FL-110). This form contains information about the divorce process. It is essential to know that it also places some limits on what you can and cannot do with your money and property and, if you have children, it prohibits you or your spouse from moving out of the state with them.
• If you and your spouse have children, and they are under the age of 18, then you will need to complete the Declaration Under Uniform Child Custody Jurisdiction Act (UCCJEA) (Form FL-105/GC-120).

If you hire us, at Woodman Garcia Sepulveda Law, we will help you with completing these forms and guide you through this detailed process. Once these forms are completed, you need to take them to your local courthouse and file them with the family law clerk’s office. We suggest making two copies of all the documents in advance. The clerk will keep the originals and return the two copies to you. One set is for you to keep, and the other must be served to your spouse.

Serving the Forms to Your Spouse

By law, you must inform your spouse that the legal process for the divorce has begun. The forms mentioned above must be served to them. However, you cannot do this yourself. The ‘server’ must be either a friend or relative over the age of 18, a county sheriff, or a professional process server. The server must fill out a Proof of Service form and then presented it to the court clerk.

Requesting support and or custody of children under the age of 18 will inevitably make the divorce process more complicated. However, read on, and we will outline what you need to know to make things as simple as possible.

Child support and spousal support payments are a complex issue and can be one of the major sticking points in negotiations. In brief, spousal support payments are calculated by assessing whether either of the spouses has given up their earning opportunities during the marriage to attend to other responsibilities for the couple’s benefit.

For example, Spouse 1 has taken care of the children and the home, and that has allowed Spouse 2 to pursue a career. In this case, Spouse 2 would likely be required to cover the cost of supporting the child and supporting Spouse 1 until Spouse 1 can secure an income. Even after that point, in many cases, payments would still be required.

There are two types of custody:

1. Physical custody: where the child will live
2. Legal custody: which parent has the right to make major life decisions regarding the child’s health, education, and welfare

If you want to secure either form of custody or visitation, you must request an order from the court. In some counties in California, you will also have to attend Child Custody Recommending Counselling. Many parents find this process extremely helpful in resolving custody disputes. If this applies to your county, or if you would like to explore the option voluntarily, you can find out more details here: FL-313-INFO: Child Custody Information Sheet.

Here are the steps to apply for custody and support:

You will be able to apply for custody and visitation orders only after you have filed for divorce. Because divorce proceedings take a minimum of six months, you can obtain temporary orders until the divorce judgment is finalized.

1. Mandatory Court Forms – You will need a Request for Order form (FL-300), and information form (FL-300-INFO).
2. Optional Court Forms – Child Custody and Visitation (Parenting Time) Application Attachment). This application can be helpful for you to create a plan for holidays and visits that is least disruptive to your children’s lives.
3. Filing with the Court Clerk – The process is the same as with the petition. You have to make two additional copies of each form, one for the court, one for you, and one for your spouse. Take all three to the court clerk, and then they will return the copies to you.
4. Court Date – You might be required to meet with a mediator before the court date. If so, the clerk will inform you. If you are not required to meet with a mediator, the clerk will provide you with the court date.
5. Serve Your Spouse’s Copy of the Documents – The same regulations apply as with serving the petition, so ensure you are familiar with the details listed above. Also, the FL-300 form may state that you must serve additional documents. If so, they must also be served to your spouse. The Proof of Service (Form FL-330) must then be filed at the court.

If you request child support, then there is a family law facilitator in every county who will give you free help and advice for preparing forms, explaining court procedures, and calculating child support payments.

It is worth noting that many of the steps to apply for a Child Support Order are the same as applying for custody, with the addition of some extra paperwork. Therefore, if you are applying for both, then you will be able to complete them at the same time.

Following the full request and response process, both you and your spouse should attend the court date specified on the Request for Order (FL-300) form. In most cases, the court will set a date for a mandatory settlement conference. Divorce in California typically has a two-stage process for child custody and support. The first stage is for the temporary orders, which remain in place until the divorce is finalized. The second stage comes at the final judgment and dictates the terms after the legal end of the marriage.

Hopefully, you and your spouse can reach an agreement regarding child custody and support at the settlement conference, and this agreement is carried forwards to the final judgment. However, in some cases, the parents can’t reach an agreement. If that is the case, then the issue will continue to the trial, and the judge will give final orders on the matter.

Sometimes, additional steps may be taken to attempt to resolve high-conflict issues.

These can include:

• Appointing a court investigator
• Appointing a private child custody evaluator
• Appointing a lawyer to act on behalf of the children
• Social services investigation and action if there is evidence of abuse or neglect.

The discovery process is the formal request for information or documentation from your spouse. It is an essential step in preparing for trial.

Discovery is the most expensive and time-consuming part of the divorce process. Lawyers typically spend the majority of their time on a divorce case on this stage. Although it can be tempting to minimize costs by representing yourself during the discovery process, it is not always advisable. Detailed knowledge of legal rules, procedures, and strategies is required, and the results can have a significant impact on your case.

The Informal Discovery

You can do this section yourself, a process of gaining information about your spouse, and other situations that are relevant to the divorce. It generally consists of interviewing witnesses, gathering relevant documents, such as police reports, reports from public agencies, medical information, and insurance coverage, and taking photos of the property, damage, and evidence of violence or neglect.

The Formal Discovery

This discovery is a legal process in which both parties aim to gain information about each other.

• Depositions – These are in-person questions that a person must answer under oath. They may be your spouse, or they may other people linked to the case.
• Requests for Documents – Any documentation that is, or possibly relevant to your case
• Subpoenas – Official court orders which require the other spouse or a third party to make a testimony or produce specific pieces of evidence
• Interrogatories – These are questions either spouse can direct at the other, and that they must answer in writing and under oath.

Negotiating the terms of your divorce with your spouse can be a long process. However, if you are both able to reach an agreement, then your case will be resolved without the need for court hearings. This option can give you both the best possible outcome, and without the expense and stress of a trial. If you need more information on how to file for divorce, or about Divorce Mediation, please feel free to approach us for a personalized strategy session.

What Is a Settlement?

A marital settlement agreement, of MSA, is a legal contract between you and your spouse in which you agree on how to deal with all the issues involved in the divorce. You and your spouse can draw this agreement up on your own.

However, if you are unsure how to proceed, or about your rights and responsibilities, then it is highly advisable to obtain an attorney to do this for you. It will ensure that the agreement is both thorough and legally binding.

An attorney can also engage in negotiations on your behalf. Whether or not you decide to take this route is up to you. Every case is different, and for some people, an attorney’s help with negotiations can be unnecessary, while for others, it helps avoid stressful and counter-productive confrontations between the spouses. Once the MSA is completed, it will be submitted to the court for approval and review. This action will become one of the essential features of your divorce’s final judgment.

References:

• Child support and response information form
• Child support and family law facilitator
• Serving spouse with child custody forms
• Child custody information sheet
• Petition — Marriage/Domestic Partnership