Filing for Divorce in California: A Step-by-Step Guide to Follow

Filing for Divorce can be messy and complicated, while others may be more straightforward owing to a lack of property or children. In any event, having a rough concept of what is involved when filing for divorce before you start the process might be beneficial.

In California, filing for divorce, also known as “dissolution of marriage,” entails a slew of paperwork and a few key legal stages. There are mainly three methods for completing the filing procedure: do-it-yourself, hiring a lawyer, or using an online service to help you with the paperwork. The method you choose will depend on how much money you have and how complicated your divorce is.

Fill Out Necessary Forms When Filing for Divorce

Filling out various paperwork is the first stage in the divorce process. When you initiate a divorce case, you’ll need to fill out the following forms, all of which are found on the California family court website.

• Summons: A summons is a legal document that informs your spouse that they must appear in court. The summons will tell you what you may and cannot do with your assets or debts. According to the summons, you or your husband are not allowed to relocate out of state with your children. It also states that you cannot apply for your children’s passport without the written approval of your other spouse.
• Petition: You will include facts about your marriage and petition the court to order particular actions that you wish to happen on this paper.
• Application for child custody and visitation: If you have minor children, you must complete this form. This paper offers information on several topics, such as holiday scheduling and visits.

It’s critical to make sure that everything you put on the paperwork is correct and thorough since it will almost certainly influence the outcome of your divorce. When filling out these forms, mistakes can also result in your paperwork being rejected. Some forms require a notary; be on the lookout for them. During this stage of the process, you should consult with an experienced divorce attorney.

File All Forms

When you’re ready to file your forms, go to the nearest courthouse and request to have them filed with the courts. You want to double-check that you’re filing in the correct county before heading in, though.

Serve the Papers

You cannot serve your spouse by simply handing out the divorce papers as the petitioner. Instead, you usually hire a county sheriff, a professional process server, or another competent adult who isn’t engaged in the case to deliver the paperwork.

If you believe that your spouse will comply, you can utilize mail service and send a Notice and Acknowledgement of Receipt. This is what your spouse must complete and return to you for filing with the court.

Make copies of everything you filed with the court, as well as a blank response form and a blank Declaration Under the Uniform Child Custody and Jurisdiction Enforcement Act form, and serve them. You must also file a completed Proof of Service of Summons with the court once you’ve completed service.

Other regulations may apply when trying to serve someone difficult to find, in the military, or in jail. For further information on these uncommon circumstances, contact the clerk of court.

With the initial papers, you’ll have to pay a filing fee. The charge is $435 as of 2021. If you can’t afford these fees when filing for divorce, you can file a Request to Waive Court Fees. Remember that you are typically required to present extensive financial information to the judge to substantiate your eligibility for the waiver. The court clerk will stamp your documents, and copies will be returned to you.

Fill Out and File Response Papers

If you’re the responder in a California divorce, you’ll usually have 30 days to file your answer and accompanying documents with the court. You must also pay a filing fee, serve the answer documents on your spouse, and provide proof of service with the court.

You may be able to avoid submitting a response and obtain a California default divorce with a written agreement if both parties have signed and notarized a settlement agreement. Even if you and your spouse don’t reach an agreement, your spouse can apply for a default divorce if you don’t respond, but you should both weigh the benefits and drawbacks before proceeding.

Serving Financial Disclosures

You and your spouse are required by law to share written information on what you own and what you owe. You must do this within 60 days of filing your petition. You must either mail or have someone else deliver the disclosures to your spouse.

The following forms must be filled out and can be found on the court’s website:

• Declaration of Disclosure
• Income and Expense Declaration
• Schedule of Assets and Debts
• Declaration Regarding Service of Declaration of Disclosure (must be filed after you have served your spouse with the necessary forms above)

Finalizing the Divorce

To finish filing for divorce, you must wait and see how the other party responds to the divorce petition.

A divorce agreement should be written up if your spouse doesn’t want to fight it and you have agreed on all of the terms. Fill out the final forms and send them to the court to get a final judgment.

If there is no agreement but your spouse did not fight the divorce, you need to fill out the forms and ask for a divorce judgment from the judge.

If your spouse doesn’t want to get divorced, you can try mediation to come to a deal. There will be a trial if not. The judge will decide how the divorce will work out, and then the court will set a date.

Here at WGS Law, we encourage you to call us for a virtual consultation through Zoom if you require expert legal assistance with your upcoming divorce. We would be delighted to assist you in any way we can.