So, you're considering filing for divorce in California? It can be a confusing and emotional process, but the good news is that the state of California has made it relatively straightforward to file for divorce. Here's a step-by-step guide to help you navigate through the process:
- Meet the residency requirement: In order to file for divorce in California, either you or your spouse must have lived in the state for at least six months and in the county where you plan to file for at least three months.
- Fill out the necessary forms: You will need to fill out various forms, including the Petition (FL-100) and Summons (FL-110), which can be found on the California Courts website.
- File the forms with the court: Once you have completed the necessary forms, you will need to file them with the court in the county where you or your spouse meets the residency requirement. You will also need to pay a filing fee, unless you qualify for a fee waiver.
- Notify your spouse: After you have filed the necessary forms, you will need to serve your spouse with a copy of the filed forms. This can be done through personal service, a process server, or by mail if your spouse signs a Notice and Acknowledgment of Receipt.
- Wait for a response: Once your spouse has been served with the divorce papers, they will have 30 days to file a response. If they do not file a response, you can proceed with the divorce as uncontested.
- Attend mediation or court hearings: If you and your spouse are unable to come to an agreement on issues such as child custody, child support, spousal support, and property division, you may be required to attend mediation or court hearings to resolve these matters.
- Finalize the divorce: Once all issues have been resolved, you will need to file additional forms to finalize the divorce, including the Judgment (FL-180) and Notice of Entry of Judgment (FL-190).
It's important to note that this is just a general overview of the divorce process in California, and every situation is unique. It's always a good idea to consult with an experienced family law attorney to ensure that your rights and interests are protected throughout the divorce process.