How To File for Divorce in California

Everybody's marriage is unique. The same is true when you get divorced. The divorce process in California is complex and can be intimidating, even for people who've gotten divorced before.

In this article, we'll briefly explain:

• How the divorce process works in California
• How to file for divorce
• What to expect during divorce proceedings

Understanding how to file for divorce is critical. It will help make the process less stressful for everybody involved.

Legal Options to End a Marriage in California

In California, there are three ways to end a marriage or domestic partnership: Divorce, legal separation, and annulment. The route you take depends on your situation.

If you want to take time apart from your spouse but aren't ready to end the marriage, you should consider legal separation. If you want the court to nullify your marriage, your best option is annulment.

The focus of this article is on divorce. If you want to end your marriage or domestic partnership, there are specific procedures you must follow. If you and your spouse/domestic partner agree that ending the marriage is the best option, the courts can finalize your divorce quickly. If the two of you don't agree on the divorce (or the terms of your divorce), it may take much longer to resolve your court case.

Requirements to Get a Divorce in California

The Superior Courts in California impose a residency rule for those seeking a divorce. To file your divorce case in California, either you or your spouse must have lived in California for at least six months. You must also live in the county where you plan to file for divorce for at least three months.

California Is a No-Fault Divorce State

California is a no-fault divorce state. This means you don't have to (and aren't allowed) to allege faults in your divorce petition.

The only two ways to get a divorce in California are by showing irreconcilable differences or "incurable insanity." California courts do not recognize other grounds for divorce.

Do You Have to Separate from Your Spouse Before Filing for Divorce in California?

California does not require separation to file a divorce case. But California has a mandatory six-month waiting period. The judge can't issue your final divorce for at least six months after you file your petition for divorce.

This waiting period serves as a "cooling-off" period. You and your spouse can reconcile (or change the terms of your divorce) during the waiting period.

How to File for Divorce in California

Many people feel intimidated by the California divorce process. Many of their questions have to do with the practical aspects of divorce. Below is a step-by-step guide on getting a divorce in California.

1. Fill Out the Forms

The first step in the divorce process is completing the court's divorce forms. This will take time. You also want to ensure you have your financial information handy. Also, gather any documentation you have about your marital debts and assets.

These are the forms you need to fill out when you are starting a divorce case in California:

• Summons: This document notifies your spouse that they must appear in court. For purposes of the summons, your spouse is the respondent. The summons includes information about how to divide your community property. It also states whether either spouse can move out of state with the minor children.
• Petition for divorce: In this document, you must provide details about your marriage. You must also make your demands on the court. For example, if you want the court to appoint you as the custodial parent, you must state this in your petition. The same is true for alimony or spousal support. Finally, you must ask the court for your share of any bank accounts, retirement accounts, etc.
• Child custody and visitation application: If you have minor children, you must submit this document. It contains details on various things, including schedules for holidays and visits for the minor children. It also includes a request for a child support order.

Once you complete and sign these forms, submit them to the clerk's office. You can find the specific forms you need on the California courts website. You can also seek legal advice to help file forms and other documents.

2. Have Your Forms Reviewed

It is crucial to ensure the information you put in the forms is complete and accurate, as it will affect the outcome of your divorce. Consider working with an experienced California divorce lawyer during this process.

If you can't afford a lawyer, check with your court's self-help center or family law facilitator to see if they can review your forms for accuracy.

3. File the Forms With the Court Clerk

After you ensure you have correctly filled out the forms, file them with the court clerk in your county. Use the tool provided by the California courts website to ensure you are filing your case with the proper county.

You must file extra forms if you need a temporary court order on certain urgent things. You can request a temporary order for:

• Child support
• Spousal support
• Bill payments
• Protection from domestic violence through a temporary restraining order

4. Send the Divorce Papers to Your Spouse

The law requires you to inform your spouse that you are initiating a divorce. You do this by "serving" copies of all the papers you filed with the court to your spouse.

You can serve your spouse in one of two ways:

• Service by mail
• Personal service

You can serve the petition and summons by certified mail if your spouse is not in California. Remember to request a return receipt.

For personal service, you can't deliver the papers yourself. You must have someone 18 or older deliver a copy of the court forms on your behalf. This can be a friend, a county sheriff, or a relative.

You must provide the court with proof that you served your spouse with the divorce papers. You do this via proof of service. The person who served your spouse must fill out a proof of service form. This form tells the judge when and how you served your spouse.

5. Wait for Their Response

Your spouse has 30 days to file a response to the court. Your spouse has other options as well, including:

• Do nothing. In such cases, your spouse will default, which means your case may continue without them.
• File a response but have a written agreement with you on the terms of the divorce.
• File a response disagreeing with statements and demands in your petition.

If you and your spouse can negotiate a settlement agreement, the process will run more smoothly. Uncontested divorce cases take much less time than contested divorces.

6. Serve Your Financial Disclosure Forms

The law requires you and your spouse to exchange written information on your debts and assets. This helps the court determine property division. You must do this no later than 60 days after you file your petition.

You must send your declaration of disclosure to your spouse by mail or personal service. You can find information on the disclosure forms on the California Courts website.

7. Finalize Your Divorce

The steps you take to finalize your divorce depend on how your spouse responded to your divorce petition.

If your spouse does not contest the divorce and you agree on the terms of the divorce, draft a settlement agreement outlining the specifics. This may include how you'll divide community property, child support, and child custody.

Fill out the final forms and submit them to the court to get a final divorce judgment. If you and your spouse don't agree, complete the requisite forms and ask the court for a divorce judgment.

If your spouse contests the divorce, try mediation. If mediation doesn't work, the court will set a trial date, and the judge will decide on the terms of the divorce.

Do You Need an Attorney to File for Divorce in California?

The divorce process in California is complex. Hiring an experienced attorney may be your best option, especially if your spouse contests the divorce. It is also essential to work with an attorney if your marriage involves domestic violence.

If you decide to handle your divorce alone, visit the California Courts website to learn more about the process. If you can't afford a lawyer, consider contacting a divorce lawyer at one of the legal aid locations near you.

How Much Does It Cost to File for Divorce in California?

The filing fee for a divorce in California is $435. If your spouse files a response, they must also pay the $435 fee. There may be extra costs as your case progresses. You can request a fee waiver if you can't afford these costs.

Is There a Faster Way to Get a Divorce in California?

The California divorce process allows for a relatively quick and simplified way of getting a divorce. This is through a summary dissolution of marriage.

To qualify for a summary dissolution of marriage, you and your spouse must meet specific requirements, including:

• Marriage is less than five years
• You do not own land or real estate
• You do not rent any land or buildings
• You have less than $45,000 worth of community property
• Neither spouse has more than $45,000 in separate property
• You do not owe more than $6,000 in marital debts
• Neither spouse is requesting spousal support
• You agree on property division

The California court's website has a complete list of requirements to qualify for a summary dissolution.

You Can Change Your Mind

If you don't want to pursue your divorce case, you can cancel it by filing a request for dismissal. If you decide to continue your divorce case later, you must start over again.

How To Find a Divorce Attorney

If you've already decided to get a divorce, you may want to get it over with as soon as possible. Unfortunately, there are many legal issues to work out. For example, you must work out a child custody arrangement if you have kids. Or, if you have rental properties, you'll have to figure out how to divide them.

The good news is that you don't have to handle your divorce case yourself. You can contact an experienced California divorce attorney to help you with the divorce process. Seasoned divorce lawyers know the law. They also know how to navigate the family court system in California.

Visit FindLaw's directories to find a family law attorney near you.

• Los Angeles
• San Diego
• San Francisco

More Resources

• California Divorce Laws
• Understanding the Divorce Process
• California Courts Self-Help