How to File for Divorce in California
Filing for divorce in California doesn’t have to be daunting, especially with the help of Legalfina. Our user-friendly online guide asks straightforward questions and completes all the necessary court forms for you accurately.
Step 1: Check Your Eligibility
- Either you or your spouse must have lived in California for the last 6 months and in the county where you plan to file for 3 months.
- If you are in a domestic partnership registered in California.
- If you are a same-sex couple married in California and now reside in a place that doesn’t recognize or allow you to dissolve your marriage.
California is a “no-fault” divorce state. This means you don’t need to prove wrongdoing like cheating to file for divorce. Simply stating “irreconcilable differences” is sufficient.
With Legalfina, we check your eligibility right away to save you the effort and expense of filing incorrectly.
Step 2: Prepare the Necessary Forms
Depending on your situation, there are several forms to be completed. Here are the basic ones for ending a marriage:
- FL-100: Petition for Marriage/Domestic Partnership
- FL-110: Summons
- FL-115: Proof of Delivery of Summons
- A blank FL-120: Response for Marriage/Domestic Partnership.
- FW-001: Request for fee waiver if you're low income
If you have children or need to divide property, you’ll need additional forms like:
- FL-105: Child Custody Jurisdiction and Enforcement Act Declaration
- FL-331: Application for Child Custody and Visitation
- FL-312: Request to Prevent Child Abduction
- FL-341(C): Children's Holiday Schedule
- FL-341(D): Additional Conditions/Physical Custody
- FL-341(E): Legal Custody Attachment
- FL-160: Declaration of Community Property
- FL-160: Declaration of Separate Property
- And more...
With Legalfina: Simply answer our easy questions online and we’ll prepare all the necessary forms tailored to your needs, ready for submission. This avoids guesswork and reduces the need for costly attorneys.
Step 3: File Your Forms
Once your forms are prepared, you can submit them in person at the county court clerk's office or use an electronic filing service. You’ll need to pay filing fees unless you apply for and receive a fee waiver.
Step 4: Serve Your Spouse
- Someone over 18, not yourself, must deliver the filed papers and a blank Response form to your spouse.
- Your spouse then has 30 days to respond, or you can request a default judgment if they don't.
Step 5: Exchange Financial Information
Both you and your spouse must share details about your financial situation, including income, expenses, assets, and debts.
With Legalfina: Our system generates all the required financial disclosure forms for you, ensuring nothing is left out.
Additional Money-Saving Tips
- Consider applying for a fee waiver if you qualify (Legalfina can assist you with this as well).
Going through a divorce in California is challenging, but with Legalfina's guidance on forms, timelines, and steps, you can manage it yourself confidently and save a significant amount on legal fees.