Contact Us
Phone: 805-590-7453
Location
674 County Square Dr
Suite 209C
Ventura, CA, 93003
Hours
Divorce is a difficult decision that no one intends to make. However, when things fail in a marriage or a relationship, it’s better to end it than linger and suffer. Filing for divorce can be a confusing and intimidating process if you’re not familiar with the legal aspects of it. If you’re looking for help on how to file for divorce in California, you’re in the right place. In this blog, we will guide you through the entire process of divorce filing, from the residency requirements to how to complete a parenting plan agreement.
Residency Requirement: To file for divorce in California, you must first meet the residency requirement. Either you or your spouse must have been a resident of California for at least six months and a resident of the county where you file for three months before you can file for a divorce.
Separation Agreement: Before filing for divorce, you must come to an agreement with your spouse on child custody and support, property division, and spousal support. If you and your spouse can’t agree on these matters, the court will decide for you in a trial. It's best to seek mediation if you're unable to reach an agreement.
Parenting Plan Agreement: If you and your spouse have children, you must fill out a parenting plan agreement. The plan must outline the amount of time each parent will spend with the children, how you will make health and educational decisions about the children, and who will pay child support.
Self-service Forms: Once you've met the residency requirement, completed the separation agreement and parenting plan agreement, you'll need to fill out the divorce forms. California allows you to complete the paperwork on your own using the Judicial Council forms or online programs.
List All Marital and Separate Property: California is a community property state, meaning that all property acquired during your marriage is considered community property and will be equally divided upon divorce. You must create a list of all assets and debts and decide how you want them to be divided or if you're opting for a prenuptial agreement.
List All Pensions, Retirement Plans, and Deferred Compensation: If you or your spouse has a retirement plan or deferred compensation, such as stocks or bonds, it will need to be divided during the divorce. You’ll need to identify all retirement accounts, including 401Ks, pensions, IRAs, and other investment portfolios.
File Divorce Papers: Once you’ve completed all of the above, you can file the divorce papers with the court. California requires that you fill out three forms: a petition, summons, and a declaration of health care coverage.
Complete Service of Process: After filing the divorce papers, you’ll need to have them served to your spouse. This allows them to respond to the court with their legal representation, where they can agree or disagree with the divorce terms.
Take Parent Education Course: You and your spouse must take a parent education course if you have children under the age of 18 before your divorce can be finalized. The course provides information on how to help your children cope with the divorce process.
Know How to Motion for a Court Order: In some cases, you or your spouse may need to file a motion with the court, requesting an order on certain matters such as child custody, support, or visitation rights.
Calendar Divorce Court Proceedings and Deadlines: California mandates a variety of mandatory time deadlines and legal procedures for filing and finalizing a divorce. It’s essential to calendar the divorce court proceedings and deadlines to make sure you don’t miss any important dates.
How Can An Attorney Help?: An experienced family law attorney in California can guide you through the entire divorce process and help you make informed decisions. They can act as a mediator, provide legal advice, or represent you in court if necessary.
Filing for divorce can be a difficult and overwhelming process, especially if you're not familiar with the legal aspects of it. However, by following the steps outlined above, you can avoid any confusion and file for divorce in California. Regardless, it's best to seek legal counsel when dealing with a divorce to ensure your rights are protected throughout the process. We hope this guide has been helpful, and you can now approach the divorce process with all the necessary knowledge to move forward.
Free 30 minute consultation
By submitting this form, you agree to be contacted by our law firm, either by phone, text or by email.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
© Copyright 2023 | All Rights Reserved | Law Office of Caitlin Fitzpatrick | Powered By Convert It Marketing | Privacy Policy