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How to File for Divorce in California by Yourself: Step-by-Step Guide

Using Online Divorce Services for Simplifying the Process in California

Need to know how to file for divorce in California by yourself? This guide will help you through every step: from meeting residency requirements to filing forms and serving papers, especially if you are pursuing an uncontested divorce without any contested issues between spouses. With clear instructions, handling your own divorce process can be straightforward.

Key Takeaways

  • Ensure you meet California’s residency requirements before filing for divorce, including living in the state for six months and in the filing county for three months.

  • Decide between summary dissolution and standard dissolution based on your eligibility, with summary dissolution being quicker but having stricter criteria like limited marriage length and asset value.

  • Complete and accurately file all necessary divorce forms, including financial disclosures, and properly serve your spouse to initiate and proceed with the divorce process.

Understand Residency Requirements

Residency Requirements for Filing Divorce in California

Before you can file for divorce in California, you must meet specific residency requirements. According to California law, either you or your spouse must have lived in the state for at least six months. Additionally, one of you must have resided in the county where you plan to file for at least three months.

The California courts will only have jurisdiction over your case if these residency requirements are met. If you don’t meet these requirements, you might need to wait until you do before you can proceed with the divorce process.

Choose Between Summary Dissolution and Standard Dissolution

Summary Dissolution vs Standard Dissolution Options in California

California offers two paths for uncontested divorces: summary dissolution and standard dissolution. An uncontested divorce involves completing and filing paperwork, meeting residency requirements, and making agreements with your spouse without any contested issues. The appropriate option for you hinges on various factors, such as the duration of your marriage, your wealth, and if you have children.

Summary dissolution is generally quicker and involves less paperwork, but it has strict eligibility criteria. Standard dissolution, on the other hand, is more comprehensive and suitable for couples who do not meet the criteria for summary dissolution. Let’s explore these options in more detail.

Summary Dissolution

Summary dissolution is an attractive option for same sex couples who:

  • have been married for less than five years

  • have no children together

  • have community property worth less than $53,000

  • have each partner’s separate property worth less than $53,000

  • do not own or lease any real estate

  • have debts from the marriage that do not exceed $7,000, excluding car loans.

Both partners must agree not to seek spousal support and be willing to sign a settlement agreement outlining the division of property and debts. The process involves filling out fewer forms and can be completed relatively quickly compared to standard dissolution.

For couples with simple financial situations and no disputes, summary dissolution, being less costly and quicker, serves as an optimal choice. However, if you do not meet the criteria, you’ll need to consider standard dissolution.

Standard Dissolution

Standard dissolution is the route taken when couples do not qualify for summary dissolution. This process requires completing additional forms and involves more steps. It is suitable for couples with complex financial situations, children, or contested issues.

While more paperwork is involved, standard dissolution ensures that all aspects of the divorce, including property division, child custody, and support, are thoroughly addressed. This path provides a comprehensive resolution for couples with more complicated circumstances.

Gather and Complete All Necessary Divorce Forms

Gathering and Completing Necessary Divorce Forms in California

Filing for divorce in California requires several key forms. The primary documents include:

  1. The Petition (Form FL-100): Provides basic information about your marriage and outlines what you want from the divorce.

  2. The Summons (Form FL-110): Notifies your spouse that you have initiated the divorce process.

  3. The Property Declaration (Form FL-160): Provides information about your assets and debts.

These forms are essential for starting the divorce process in California.

To prevent any delays or issues in your case, it’s vital to fill these forms accurately. The Property Declaration lists all property and debts that need to be divided. Depending on your situation, you may also need to complete additional local forms. It’s crucial to double-check all the paperwork for accuracy and completeness before filing.

In the age of technology, many of these forms can be accessed and completed online, simplifying the process. Nonetheless, a key step in the divorce proceedings is to ensure each necessary form is correctly filled and submitted.

Prepare Your Financial Information

As part of the divorce process, the preparation of your financial information holds significant importance. You’ll need to complete the Income and Expense Declaration form (FL-150), which provides detailed information about your:

  • Income

  • Expenses

  • Assets

  • Debts

This form is one of the court forms used by the court to make decisions regarding support, attorney fees, and other financial matters.

Providing both the court and your spouse or domestic partner with precise and exhaustive financial information is indispensable. Transparency in financial matters helps ensure a fair and equitable resolution of the divorce.

File Divorce Papers with the Court Clerk

Filing Divorce Papers with the Court Clerk in California

Once you have completed all the necessary forms, you need to file them with the court clerk. This involves submitting the original and two copies of the forms to the courthouse. You can submit the forms either by mail or in person, along with return envelopes.

Upon submission, the court clerk will assign you a case number and stamp the filed forms, keeping the original and returning the copies to you. There is a court filing fee ranging from $435 to $450, but if you cannot afford it, you can request a fee waiver.

Submitting the divorce papers, which officially kickstarts your case, is a crucial step in the divorce process. Fee waivers are available if you meet certain criteria, such as receiving public benefits or having a low income.

Serve Your Spouse

After filing the divorce papers, the next step is to serve your spouse. This means that another adult, not you, must deliver the filed papers to your spouse. This process ensures that your spouse is properly notified according to California law.

The person serving the papers must complete a form and file it with the court to confirm delivery. This method, known as personal service, is the most common, but other methods may be required in special situations.

Responding to a Divorce Petition

If you receive a divorce petition, it’s crucial to respond within 30 days to avoid a default judgment. Here’s what you need to do:

  1. Fill out the Response form (FL-120) with basic information about the marriage and the type of court orders you want.

  2. Make two copies of the completed form.

  3. Have someone serve the copies to your spouse.

  4. File the copies with the court.

Check with your local court for any additional forms that may be required for your response. Some California courts have special local forms in addition to the standard ones.

A response to a divorce petition is a significant step towards ensuring your interests are voiced in the case. Failing to respond can result in the court making decisions without your input, impacting issues like property division, custody, and support.

Handle Child Custody and Support Issues

Especially if you have minor children, issues of child custody and support form integral parts of the divorce process. You’ll need to fill out the Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form (FL-105). Parents must make an agreement on how to care for and support their children.

If you cannot agree on child custody and support, the court will decide for you based on state guidelines. Wage withholding is commonly used to enforce child support payments in California. It’s crucial to have formal, written agreements filed with the court to ensure they are enforceable.

Finalize the Marital Settlement Agreement

To finalize the marital settlement agreement, both partners must:

  1. Agree on how to split any property and debts.

  2. Submit a set of final forms, including any court orders or agreements, to the court for review.

  3. The judge will review the forms to ensure accuracy and completeness before signing the final judgment.

The judgment will indicate the exact day your marriage or domestic partnership officially ends. The divorce process includes a vital step of finalizing the agreement, which brings a clear resolution to all disputed matters.

Attend the Court Hearing (if required)

In some cases, you may need to attend a court hearing as part of the divorce process. At the first hearing, attorneys briefly present their cases during the ‘Calendar Call’. Multiple cases are typically scheduled before the judge on the same morning.

You should be prepared for both formal proceedings, which may require testimony, and informal discussions, such as a ‘Chambers Conference’. Being well-prepared for the hearing can help resolve issues more efficiently and seeking professional legal advice can be beneficial.

Obtain the Final Judgment

To officially end your marriage or domestic partnership, you need to obtain the final judgment. This involves filling out the final order, known as the Judgment, along with any other required forms. The process may vary depending on whether there’s a default, a written agreement, or if child custody or support issues are addressed.

Accomplishing this final step confirms the legal recognition of your own divorce or legal separation, enabling closure and facilitating forward movement.

Using Online Divorce Services

Using Online Divorce Services for Simplifying the Process in California

Online divorce services can simplify the process by assisting with legal forms and providing additional support. Services like Divorce.com, 3StepDivorce, and LegalZoom offer various features, including document preparation, mediation, and attorney consultations.

These services can be particularly helpful for uncontested divorces, saving time and reducing stress. They offer customizable forms, online negotiation tools, and flexible payment options, making the divorce process more accessible.

If you prefer a more simplified approach, online divorce services offer a cost-effective and efficient means to manage your uncontested divorce.

Summary

Filing for divorce in California by yourself involves several steps, from meeting residency requirements to finalizing the marital settlement agreement. Understanding each step and completing all necessary forms accurately is crucial to ensure a smooth process.

By following this guide, you can navigate the divorce process with confidence, minimizing legal complications and stress. Remember, you have resources available, including online divorce services, to assist you along the way.

Frequently Asked Questions

What are the residency requirements for filing for divorce in California?

To file for divorce in California, at least one spouse must have lived in the state for six months and in the county where the divorce is filed for three months. This ensures that there is a clear connection to the state before filing for divorce.

What is the difference between summary dissolution and standard dissolution?

In conclusion, summary dissolution is a quicker process for couples married for less than five years with no children and limited assets, while standard dissolution is for those who do not meet these criteria and involves more paperwork.

What forms do I need to file for divorce in California?

In California, you will need to file the Petition (Form FL-100), the Summons (Form FL-110), and the Property Declaration (Form FL-160) for a divorce. Additional forms may be necessary depending on your circumstances.

How do I serve divorce papers to my spouse?

You need to have another adult deliver the filed papers to your spouse, as this is known as personal service and ensures proper notification according to California law.

Can I use online divorce services to help with my divorce?

Yes, online divorce services can assist with legal forms, provide additional support, and simplify the process. Many reputable services offer features to help streamline the divorce process for you.

Charles M. Green is Certified as a California Family Law Specialist through the Board of Legal Specialization of the State Bar of California. He has worked extensively in both financial accounting fields and as a litigation attorney specializing in Family Law Cases. He is also diversely experienced in a number of other legal practice areas of importance to individuals, families, and businesses.

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