Filing for Divorce in California: A Step-by-Step Guide to the Petition Process
Filing for divorce in California can be a complex and emotional process, but understanding the necessary steps can help ease the burden. At Foster Hsu, LLP, we are here to guide you through the initial petition filing process, ensuring you follow the right steps and avoid common pitfalls.
Step 1: Determine Residency Requirements
Before filing for divorce, you must meet California’s residency requirements. Either you or your spouse must have lived in California 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 file for legal separation, which does not have the same residency requirements and can later be converted to divorce.
Step 2: Complete the Necessary Forms
The first official step in filing for divorce is to complete and submit the necessary paperwork. The key forms include:
- Petition for Dissolution (Form FL-100): This document starts the divorce process and includes basic information about your marriage, property, children (if applicable), and your requests regarding child custody, support, spousal support, and property division.
- Summons (Form FL-110): This form notifies your spouse that they are being served with a divorce petition and explains their rights and responsibilities during the divorce proceedings.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105): This form is required if you have children and provides information about where they have lived in the past five years.
Once you have completed these forms, make sure to double-check for accuracy, as errors or omissions can delay your case.
Step 3: File Your Forms with the Court
After completing the required forms, you will need to file them with the court clerk in the county where you or your spouse resides. There will be a filing fee, but if you cannot afford it, you may request a fee waiver by submitting a Request to Waive Court Fees (Form FW-001).
Step 4: Serve Your Spouse
Once your forms are filed, the next step is to serve your spouse with copies of the petition and summons. You cannot serve your spouse yourself, so you will need someone over the age of 18, such as a friend, relative, or professional process server, to deliver the documents. After service, the server must complete a Proof of Service of Summons (Form FL-115) and return it to the court.
Serving your spouse is a critical step, and failure to do so properly can delay your case. Make sure to follow California’s specific rules on service, which may differ if your spouse is out of state or if you are unable to locate them.
Step 5: Await a Response
After being served, your spouse has 30 days to respond to the petition. If they respond, the case will proceed, potentially involving negotiations, mediation, or court hearings. If your spouse does not respond, you may request a default judgment, where the court grants your divorce based on the terms outlined in your petition.
At Foster Hsu, LLP, our San Jose Divorce Attorneys are committed to guiding our clients through every step of the divorce process with care and precision. If you are considering filing for divorce, contact us today to discuss how we can assist you in navigating this challenging time.
Source:
courts.ca.gov/documents/fl115.pdf
