A Complete Guide to Filing for Divorce on Your Own in California
We partnered with an legal services company for this post. The opinions in the post are honest. All reviews and opinions expressed in this post are based on our personal views. We are excited because we know you will love it.
According to the Centers for Disease Control and Prevention, the US has the 6th highest divorce rate in the world. CDC reported that the current divorce rate nationwide is around 42%.
How to file for divorce in California by yourself? The first step in filing for divorce in California is submitting a divorce petition to the family court. The petitioner must complete the necessary paperwork explaining their reason for divorce together with a list of their preferred divorce terms. The petition will be reviewed by the court. If there are no errors, they will send the spouse the corresponding document to sign. A couple can also submit a joint divorce petition to the court.
Let’s go through each step you have to take when you think divorce is the final option you have to dissolve your marriage.
Understanding the Grounds for Divorce in California
You need to consider factors and possible effects if you contemplate filing for a divorce in California. Irreconcilable differences and separation are two primary bases for divorce.
The grounds that you and your spouse cannot agree can invalidate your marriage. No proof of fault is required for this.
Legal separation entails separate lives but without dissolution.
Make sure that you have identified the proper ground based on your situation. Such grounds will help you decide on how to move toward the next step.
Gathering Necessary Documents and Information
Compile important documents and information, such as the marriage certificate and any prenuptial agreements, to prepare for the official filing for divorce.
Keep investment details such as bank statements, tax returns, and pay stubs for you and your spouse. Do not forget the property's title deeds, like cars, real estate, and debts you might share.
If kids are involved, secure their birth certificates and any form concerning custody or child support. This will make filing documents easier for you.
Completing and Filing Divorce Forms
Completing and filing divorce forms can be daunting, but if simplified into manageable steps, it can become less burdensome.
Fill in the important forms, such as the Petition for Dissolution of Marriage and the Summons. Be honest about your marriage and the involvement of your children.
Review your papers for mistakes to avoid a delay due to any spotted errors. Make copies for your use of final documents.
File the original documents in your local courthouse, either in person or by electronic filing, and then pay the filing fee. Keep the receipt for later use.
Serving Your Spouse and Responding to Their Filing
Ensure your spouse receives the divorce papers. It is important to follow the legal procedures in your state. You have a few options to accomplish this: hire a professional process server, ask someone over 18 who's not involved in the case to deliver them, or send the papers by certified mail and request a return receipt.
Regardless of the method you have chosen, make sure you fill out a Proof of Service after these papers are served, proving that your spouse received them.
If your spouse does respond, you can file a response within 30 days. They may agree, disagree, or counter your claims. Keep a log of all communications and get ready for some negotiation.
Finalizing Your Divorce and Arriving to a Judgment
When you and your spouse already have an agreement or have a verdict on unresolved issues, both of you must arrive at a divorce judgment.
File with the court for a judgment, which includes the Judgment (Form FL-180) and any other required forms. Examine that all portions are filled out correctly, and attach any agreement or order regarding child support, custody, or property division.
The court will review the submitted documents. A hearing may be scheduled when everything is sufficient. Or a default judgment may be issued if your spouse does not participate.
Your divorce is finalized once the judge signs and files the judgment. You will receive a copy of this. Keep documents secure for future reference.
Take one step at a time. You are provided with tools on how to deal with your divorce, whether you’re seeking a fresh start or simply wanting to end that chapter of your life.
