It can be difficult sometimes to even decide you want a divorce in the first place. Once you know you want a divorce, it can be equally daunting thinking about how to start the process. Wondering how to file for divorce in California? Find out where to begin and avoid getting overwhelmed.
Ensuring You Are Ready for Divorce in CA
California is a no-fault divorce state, which means you’re not required to identify grounds for divorce. It also means that the petitioning party can still move forward with divorce even if their spouse doesn’t agree or respond to the petition. California also doesn’t require spouses to have a minimum period of legal separation in order for them to divorce.
It’s important to consider how time-consuming and costly the divorce process can potentially be, especially if you anticipate proceedings with your spouse to be highly contentious. Even though initially filing the divorce forms is typically only a few hundred dollars, expenses such as legal fees, court fees, and other costs soon follow.
Another important component of ensuring you’re ready for a California divorce is meeting the residency requirement. In order to file for a divorce, either you or your spouse must have resided within the state for a minimum of six months at the time of filing. Additionally, you must have lived within the county for a minimum of three months.
Residency requirements can vary for legal separations, domestic partnerships, and same-sex couples, so be sure to understand what’s required for your case. If you’re unsure whether you meet the residency requirements or whether a divorce is financially feasible for you, don’t hesitate to consult with a qualified family law attorney.
How to File for Divorce in California
After making sure you qualify to begin the divorce process, the next step is to fill out the appropriate paperwork properly. Important documents include a marriage Petition (form FL-100) and a family law Summons (form FL-110). If you and your spouse have minor children, you must also fill out the declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105).
You must also know where to file your documents. For those living in Huntington Beach, Seal Beach, or other areas in Orange County, your divorce documents can be filed at the Lamoreaux Justice Center. It is located at 341 The City Drive South in Orange, California, and divorce filings can be brought to the office of the Family Law Division Clerk on the 7th floor.
When you’re preparing to file for a divorce in California, consider working with a seasoned family law attorney. An experienced divorce lawyer can offer insightful counsel while guiding you throughout the divorce process. It can be helpful to have a professional go over paperwork with you, ensuring no mistakes are made, and file documents on your behalf at the proper venue. Your divorce attorney is also there to answer your questions and explain what you should expect throughout the proceedings.
Looking at Divorce Rates in California
According to the U.S. Census Bureau, the national rate of divorce rose between 2021 and 2022 by 3.6 percent. It may be a common misconception that California has a relatively high rate of divorce, but the state actually has one of the lowest divorce rates in the country. In 2022, the state saw an average of 5.88 divorces per 1,000 women. One source found that California ranked seventh among the country’s ten states with the lowest divorce rates.
FAQs
What Is a No-Fault Divorce State?
California is a no-fault state for divorce, meaning no grounds for divorce need to be provided beyond the spouses having “irreconcilable differences.” Grounds for divorce refer to a legally valid reason for filing for divorce. While many states offer no-fault divorces, the requirements and legal procedures can vary from state to state.
Is Filing for a Divorce Usually Expensive in California?
Whether your divorce may be considered “expensive” depends on your financial standing and how complex your divorce is. There is no standard cost of a divorce in California since every person’s circumstances are unique and personal to them. Generally, a divorce may be more costly if spouses are unable to compromise or the case is otherwise complex, such as in high-asset divorces.
Am I Eligible for the Divorce Process in California?
In California, you typically are eligible to file for divorce if you meet the state’s residency requirements. State laws assert that either you or your spouse must have resided within the state for a minimum of six months at the time you wish to file for divorce. Additionally, either spouse must have resided within the county for a minimum of three months at the time of filing. Consult with your divorce lawyer to ensure you meet these requirements.
Do I Need a Lawyer to File for Divorce in California?
You are not required to hire a lawyer in order to file for a divorce in California, although it is strongly recommended that you do. Divorce lawyers can help you assemble the necessary paperwork, keep track of deadlines, and ensure you avoid mistakes that may prolong the process. Additionally, your divorce attorney is there to advocate on your behalf in legal negotiations and can protect your rights throughout the process.
How Long Does a Divorce Take to Finalize in California?
In California, the time it may take to finalize your divorce can vary depending on several factors. At a minimum, a divorce can be finalized after six months and a day from when the papers were filed. This is because the state has a mandatory waiting period before a divorce can be final. Your case may take longer, depending on how long it takes you and your spouse to reach a settlement agreement
Experienced Divorce Lawyers for California Residents
You can feel confident about allowing the team of professionals at the Law Office of Stacy L. Campuzano to oversee your divorce case. Reach out to us today to schedule a consultation where you can discuss your situation with a skilled divorce law attorney.
