Step-by-Step Guide to Filing for Divorce in California

Filing for divorce in California can seem daunting, but with the right guidance, you can navigate the process smoothly. This guide outlines each step involved, from understanding residency requirements to finalizing your divorce. Following these steps can help you avoid common pitfalls and ensure a swift resolution.

Understanding Residency Requirements

Before you can file for divorce in California, it’s critical to ensure that you meet the state’s residency requirements. At least one spouse must have lived in California for a minimum of six months before filing. Additionally, you must have resided in the county where you plan to file for at least three months. If these conditions aren’t met, you may need to wait or consider legal separation instead.

Step 1: Filing the Divorce Petition

The first official step in the divorce process is filing a petition for dissolution of marriage. This is typically referred to as form FL-100. The spouse who initiates the divorce is known as the “petitioner,” while the other spouse is called the “respondent.” When you file the petition, you’ll also need to pay a filing fee, which can range from $435 to $500 depending on your county.

Step 2: Serving Your Spouse

Once you have filed the petition, the next step is to serve the other spouse with the divorce papers. This must be done formally, and it can be carried out by a third party who is over 18, such as a friend, family member, or a professional process server. Alternatively, you can use certified mail with an acknowledgment of receipt if your spouse agrees to it. Many people make mistakes during this step, leading to unnecessary delays, so it’s wise to ensure this is done correctly.

Step 3: Financial Disclosures

Both spouses are required to exchange financial disclosures, specifically forms FL-150 and FL-160. These forms detail your income, assets, and debts. This step is mandatory even in amicable divorces. For example, we had a client whose divorce was significantly delayed because they were unaware that financial disclosures were required. We stepped in to prepare the necessary forms, getting their case back on track.

Step 4: Negotiating and Drafting a Settlement Agreement

If both parties can agree on issues such as property division, custody, and support, they need to put their agreement in writing through a Marital Settlement Agreement (MSA). This document is vital for protecting both parties legally and preventing future disputes. A poorly drafted agreement can lead to court rejections and delays, which is why hiring a professional service can be beneficial.

Step 5: Submitting Final Judgment for Court Approval

Once all paperwork is completed, it is submitted to the court for final approval. If everything has been done correctly, the court will process the judgment without a hearing. The divorce will be finalized after a mandatory six-month waiting period. We once had a couple who attempted to submit their divorce judgment on their own but faced multiple rejections due to formatting issues. After reviewing their case and fixing the paperwork, we were able to get their divorce approved within weeks.

Why Hire a Paralegal Service like Divorce661?

Many couples try to navigate the divorce process on their own and find themselves stuck when their paperwork is rejected. Missing a step or not knowing how to proceed can lead to significant delays. By hiring a service like Divorce661, you can ensure that your forms are completed correctly the first time, saving you time and frustration. Moreover, you won’t have to go to court, and you’ll save thousands compared to hiring an attorney. Your divorce will be processed as quickly as legally possible.

Final Thoughts

Going through a divorce can be overwhelming, but understanding the steps involved can help ease the process. From meeting residency requirements and filing the petition to serving your spouse and completing financial disclosures, each step is crucial for a smooth divorce experience. If you’re looking for an easy, affordable, and stress-free way to get divorced, consider contacting Divorce661. We’re here to help you navigate this challenging time with ease.