Getting a divorce in the Golden State can be a complicated process. If you’re wondering how to file for a divorce in California, you’re not alone. A seasoned divorce attorney in California can guide you through the entire process.
Step One: Start a Divorce Case
To start your divorce case, you’ll need to fill out and file the relevant forms at the Superior Court of the county in which you reside. The forms will include FL-100 and FL-110, a petition for divorce and a summons to your partner to respond. If you have minor children, you’ll also need to fill out form FL-105. In 2022, California’s divorce rate was 12.4 out of 1,000 residents compared to 14.4 out of every 1,000 U.S. residents, so plenty of these petitions were filed.
Step Two: Serve Your Spouse
You’re required to serve your spouse a copy of the forms you filed during Step 1. Petitioners aren’t allowed to serve the papers themselves. You can have a friend, relative, or process server do so for you. Your case cannot move forward until you’ve correctly served your spouse, so you cannot skip this step.
Step Three: Filing a Response
Once served, your spouse has 30 calendar days to respond to your divorce petition. If they miss the deadline, the divorce can proceed without their input. To respond to the divorce, your spouse will fill out Form FL-120, a formal response.
Step Four: Financial Disclosure
The next step in the divorce process is called disclosure. It involves sharing information about your finances with your spouse. You’ll need to list all assets, debts, income, and expenses, along with information such as who owns each debt or asset, when it was acquired, and how much it’s worth. You don’t have to file this information with the court. It will only be shared with your spouse. Information you might need to disclose can include:
- Paychecks
- Income tax returns
- Mortgage statements
- Property deeds
- Vehicle titles
- Bank account statements
- Credit card statements
- Retirement account statements
- Life insurance policies
These documents must be formatted in specific ways. A divorce lawyer can guide you on how to fill them out, as they know how to format the information. When you’re done, file Forms FL-141 and FL-150 with the court. You must complete this process within 60 days of filing a petition or response.
Step Five: Discovery
The discovery period offers you and your family lawyer the chance to obtain relevant information from your spouse via legal means. The discovery phase can include:
- Requests for production of documents
- Interrogatories
- Requests for admissions
- Depositions
While you don’t have to engage in discovery, the process can be helpful if you’re going through a contested divorce.
Step Six: Settlement
Settlement involves fully resolving all issues pertaining to the divorce. You and your spouse will both need to agree with all provisions, including those involving:
- Child custody
- Visitation
- Child support
- Alimony
- Division of property
- Attorney fees
If you can settle these matters out of court, it will save both time and money. If you can’t, you will need to go to trial. It’s quite rare for divorces to go to trial. Most couples find ways to settle their differences more amicably, even if it means making some concessions.
Step Seven: Finalize the Divorce
Once you and your spouse have come to an agreement, you need to turn in a final set of forms. The court can then issue a judgment. When you receive the Notice of Entry of Judgment, you’ll know you are no longer married.
FAQs
How Much Does It Cost to File for a Divorce in California?
The cost to file for a divorce in California depends on a variety of factors, including the complexity of the case and whether the divorce is contested. Uncontested divorces in which the spouses agree about everything, from the division of assets to how to assign child custody, cost less than contested divorces that have to go to trial. To get a clear idea of what to expect, contact a California divorce attorney.
What Is the First Step in Filing for Divorce in California?
The first step in filing for divorce in California is to complete two forms: Form FL-100 is the petition for divorce, and Form FL-110 is the summons. If you have children, you’ll also need to fill out Form FL-105, the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. You can file these forms at the Superior Court of the county in which you reside.
How Long Does It Take to Get a Divorce in California?
How long it takes to get a divorce in California depends on a multitude of factors, including how complex the case is and whether the divorce is contested. The shortest divorces are uncontested cases without children or substantial assets. If you own a lot of community property or need to assign child custody, that can complicate your proceedings. If you and your spouse cannot come to an agreement in negotiations, going to trial will extend the process, too.
What Is the Five-Year Rule in California Divorces?
The five-year rule in California divorces is a common way of referring to short-term vs. long-term marriages. If a couple has been married less than five years, the court tends to assign individual ownership of assets. If the couple has been married for more than five years, the court may be more likely to consider assets and debts as community property and assign alimony payments. Around 16% of couples divorce after less than five years.
Hire a Divorce Lawyer
Now that you know how to file for a divorce in California, it’s time to take the next step and hire a divorce lawyer. The team at Kramer & Zitser, LLP, has over 50 years of combined experience in divorce cases. We understand California divorce laws well and know how they can be applied to your specific case. Our firm can ensure an optimal outcome to your divorce. Contact us to schedule an initial consultation today.
