How to File For Divorce in California
howtofilefordivorce.org
 

- OFFICIAL -

HOW TO FILE FOR DIVORCE IN CALIFORNIA

- STEP BY STEP GUIDE -

STEP 1 - 2 ways to download the required California divorce papers:

Option A - BLANK CALIFORNIA DIVORCE PAPERS

Option B - HAVE DIVORCE PAPERS FILLED IN FOR YOU!

  • $299 Professional Service
 

STEP 2 - The person that has decided to file for divorce must fill out the following forms and submit to the California Circuit Court Clerk's Office in your county (Find Here):

  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (*if you have children)
  • Petition For Dissolution of Marriage
  • The Summons

Pay the filing fee of $395 (May differ from county to county).

***The clerk will return The Summons form but you will need to file it again after you have successfully served your spouse.

STEP 3 - Now it is the time to serve your spouse. You must send your spouse the Proof of Service of Summons via Certified Mail. It is highly recommended in a different package, you send your spouse the following divorce papers:

  • Declaration of Disclosure
  • Declaration Regarding Declaration of Disclosure
  • Income and Expense Declaration
  • Response Form
  • Schedule of Assets and Debts
  • Separation of Property Settlement Agreement

VIDEO TUTORIAL

 

REQUIREMENTS

  • Either party must be a resident for at least 6 months.
  • Reason for divorce must be either for 'irreconcilable differences' or 'incurable insanity'.

HOW LONG DOES IT TAKE?

  • A divorce in California takes a minimum of 6 months from the day the respondent (person not filing) has been either: been served a copy of the summons and petition or the date of appearance of the respondent, whichever is first.

STEP 4 - Now you are ready to go back to the clerk's office, and deliver the Proof of Service of Summons, as well as the original Summons.

STEP 5 -

 

Option A - If after approximately 30 days you have not heard from your spouse or the court, and your spouse did not return the Response to the court clerk's office. You are required to fill out the Request to Enter Default.  You must go to the court clerk's office with 2 copies as well as an pre-addressed envelope, and the clerk will mail a filed copy to your spouse.

Option B - If your spouse did complete the response, then you both may fill out the Appearance, Stipulations, and Waivers Form and file with the clerk's office.

STEP 6 - You and your spouse must complete and give a signed copy to one another the following forms:

  • Declaration of Disclosure
  • Income and Expense Declaration
  • Schedule of Assets and Debts

*Hold on to these until your court hearing or final Judgement.

STEP 7 - Each party must complete and submit the Declaration Regarding Declaration of Disclosure to the court clerk's office.

 

***Be sure to have your spouse check the box if you desire to not have the requirement of Final Declaration of Disclosure.

STEP 8 - At this time, if your ready to fill out the following form:

  • Child Support Case Registry (*if you have children)
  • Declaration For Default or Uncontested Dissolution or Legal Separation
  • Instructions to Complete Order / Notice to Withhold Income For Child Support
  • Judgment

*Attach Separation and Property Settlement Agreement

  • Notice of Entry of Judgment
  • Notice of Rights and Responsibilities / Information Sheet Changing a Child Support Order (*if you have children)
  • Order / Notice to Withhold Income for Child Support (*if you have children)

 

***File all with the court clerk's office and be sure to have at least 2 copies of all divorce papers and 4 copies of the Judgment and attachment of Separation and Property Settlement Agreement.

STEP 9 - Go to your scheduled hearing and upon successful completion the Judge will grant you signed copies of the Judgement and Notice of Entry of Judgement. At this time your divorce has been completed in the State of California.

*NAME CHANGE - If you are seeking to change your name after divorce in California here are the necessary forms.

 

Terms & Conditions

HowtoFileForDivorce.org provides information and Documents only.
This site is not a "lawyer referral service" and does not provide or participate in any legal representation.