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How do I Start the Divorce Process in California?

Posted by Charles J. Morris, Jr. | Jun 06, 2023 | 0 Comments

Divorce can be a challenging and emotional journey, but understanding the process can help alleviate some of the stress. In this guide, we will walk you through the steps of the California divorce process, providing valuable insights and resources along the way. Our goal is to help you make informed decisions and move forward with confidence.

1. Determine Your Eligibility for Divorce in California

Before you can begin the divorce process, you must ensure that you meet California's residency requirements. 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. If you do not meet these requirements, you may need to wait or explore other options, such as legal separation.

2. Decide on the Type of Divorce

California offers several options for divorce, including:

  • Uncontested Divorce: Both spouses agree on all aspects of the divorce, including property division, child custody, and support. This is typically a faster and less expensive process.
  • Contested Divorce: The spouses cannot agree on one or more issues, and the court must make decisions on their behalf. This process can be lengthy and costly.
  • Summary Dissolution: A simplified process for couples with no children, little property, and who meet specific requirements. This option is quicker and less expensive than a traditional divorce.

It's essential to understand the differences between these options and choose the one that best suits your situation. An experienced family law attorney can help you determine the best course of action.

3. Gather Necessary Documents and Information

Before filing for divorce, you'll need to gather various documents and information, including:

  • Marriage certificate
  • Financial records (bank statements, tax returns, etc.)
  • Property records (deeds, titles, etc.)
  • Debts and liabilities
  • Information about your children (if applicable)

Having this information readily available will help streamline the process and ensure that you're prepared for any discussions or negotiations.

4. File the Necessary Forms

To initiate the divorce process, you'll need to file several forms with the court, including:

  • Petition for Dissolution of Marriage (Form FL-100)
  • Summons (Form FL-110)
  • Other forms specific to your situation (e.g., child custody, property division, etc.)

These forms can be complex, and it's crucial to complete them accurately and thoroughly. A family law attorney can help ensure that your paperwork is in order and filed correctly.

5. Serve Your Spouse and Await Their Response

Once you've filed the necessary forms, you must serve your spouse with a copy of the paperwork. This can be done through a process server, sheriff, or a friend or family member who is at least 18 years old and not involved in the case. Your spouse will have 30 days to respond to the petition.

6. Negotiate and Finalize the Divorce

After your spouse has been served, you'll need to negotiate the terms of your divorce, including property division, child custody, and support. If you can reach an agreement, you'll submit a settlement to the court for approval. If you cannot agree, you may need to attend mediation or go to trial.

Throughout the divorce process, it's essential to have a knowledgeable and compassionate advocate on your side. At Morris Law Firm, our experienced family law attorneys are committed to helping you navigate the complexities of the California divorce process.

Contact us today to learn more about our services and how we can support you during this challenging time.

About the Author

Charles J. Morris, Jr.

A Certified Family Law & Divorce Attorney For more than 25 years, Mr. Morris has represented the rights of others in cases ranging from family law to estate planning. As a certified family law specialist, he is uniquely qualified to help his clients navigate their circumstances and pursue soluti...


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