Like all lawsuits, starting your divorce begins with telling the court. And, in California, this is done by filing what’s known as a complaint.
A divorce complaint (also known as a “petition for divorce”) is a legal document that initiates divorce proceedings; it notifies the court of your intentions to dissolve your marriage, asks for their help in doing so, and provides them with the necessary information to help get it done.
Here’s what you need to know about how to file a divorce complaint in California, and what the Maples Family Law team can do to help you start your divorce process.
Before Filing Your Divorce Complaint
A divorce complaint might mark the official kick-off of your proceedings, however, the process actually begins before you start filling in the blanks.
Before you file your divorce complaint, you’ll want to pause and consider these three things:
Residency Requirements. At least one of you must have been a resident of the state for at least six months, prior to filing for divorce, and a resident of that particular county, for at least three.
Type of Divorce. The type of divorce you choose will play a large role in the overall tone of your process. Pay particular attention to whether you qualify for an uncontested divorce. If not, alternative methods such as mediation and collaborative divorce are still much less expensive and time-consuming than traditional litigation.
Select Representation. While you aren’t required to have an attorney, the state of California highly recommends it. An attorney can help you avoid expensive—sometimes irreversible—mistakes, and will ensure your interests are fully represented at all times.
At some point during your divorce, you will inevitably be forced to contemplate each of these three questions. These pre-game warmups will help you determine where you want the direction of your divorce to go, and help you avoid pitfalls, once you’re there.
How to File Your Divorce Complaint
Once you’ve checked all the boxes for your pre-game warm up, it’s time to file your petition for divorce. While there are a lot of small nuances that will go into this, it can essentially be summed up in three basic steps.
Step 1: Acquire and Complete Petition
Your petition for divorce marks the official beginning of your divorce. However, in order to help you, the court will need some important personal and procedural information about your situation (which should be included in your petition). =
Before you sit down to fill out your divorce complaint, make sure to have the following information on hand:
Your personal information.
Your spouse’s personal information.
Your type of separation (i.e. legal separation, divorce, annulment, etc.).
This is the same form you’d use to initiate a legal separation, an annulment, and to terminate a domestic partnership. So it’s important to make sure you’re checking the right boxes when filling out this information.
Step 2: Complete Additional Paperwork
While your petition is certainly important, it is only one aspect of filing for divorce, and, in California, there will likely be other documents you’ll need to include in your packet, before filing.
These documents will vary, depending on the unique circumstances of your case (such as, whether or not you have children). However, some of these additional divorce documents will likely include:
Summons
Proof of Service of Summons
Declaration Under Uniform Child Custody Jurisdiction and enforcement Act (UCCJEA)
Child Custody and Visitation (Parenting Time) Application
Property Declaration
Declaration of Disclosure
Income and Expense Declaration
Schedule of Assets and Debt
When in doubt, best to talk to a family law attorney. Divorce errors can be costly, and can sometimes require you to refile. Hence, it’s best to make sure you have everything you need the first time around.
Step 3: File Your Paperwork
Once you’ve gathered and completed all the necessary forms—and have made at least two copies of everything for your personal records—it’ll be time to file these things with the court.
Divorces are handled at the county level, so you will need to submit these documents to the county courthouse over your jurisdiction.
At this time, you’ll also be expected to pay a filing fee. In California, the filing fee for divorce is $435. If you can’t afford this amount, then make sure to include a fee waiver in your stack of documents to file.
After Filing Your Divorce Complaint
After you have successfully submitted your completed divorce documents to the court, there is still one thing left to do, before you can relax: execute proper service on your spouse.
Service of process is a fancy legal phrase for, “tell your spouse you filed for divorce.” Except, in order for it to count, it must be done properly. This usually requires someone other than you to hand deliver copies of all paperwork to your spouse, and to return proof of service to the court.
A spouse who has been served with divorce paperwork has thirty days to respond. If they don’t, a judge could enter a default judgement in their absence. If they do respond, then you’ll both proceed on to either divorce settlement negotiations, or into preparations for trial.
Either way, the most successful outcome for you lies in making sure you have a trusted family law attorney fighting at your side.
Do You Need Help with a California Divorce Complaint?
Divorce law is complicated and highly nuanced, and–on your own–filing for one can be a daunting task to undertake. However, with an experienced attorney showing you the ropes, it doesn’t have to be as stressful as you might be thinking.
For more questions on how to file a divorce complaint in California—or what to do if you’ve been served with one—we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help guide you through this important process.
If you’re like most people contemplating a split from your spouse, you think a regular divorce is the way to go – but instead, a summary dissolution might be right for you.
What is Summary Dissolution?
Summary dissolution is one way to end your marriage or domestic partnership. It’s not for everyone, but for some people, it’s a quicker, less complex way to bring an end to the legal contract you signed with your “other half.”
It’s kind-of a fast-track, and it’s available to all married couples and domestic partners, regardless of gender. You can also use it if you were domestic partners at one time and later married.
Who Qualifies for Summary Dissolution?
Only some people qualify for summary dissolution. You must meet all these requirements to qualify:
At least one of you must have lived in California for the past 6 months
At least one of you must also have lived in the county where you file for dissolution for the past 3 months
You both agree to terminate your marriage or partnership because you have irreconcilable differences
You do not have minor children together, and neither one of you is pregnant with a shared child
Your marriage or domestic partnership lasted 5 or fewer years from the date you were married or registered as domestic partners to the date that you separated
You don’t own any land or other “real property” (like a house or commercial building)
Neither of you has built up more than $6,000 in debt since you began your marriage or partnership (car loans don’t count)
You must have less than a certain amount in community property (the amount is subject to change, so ask your attorney about the current limit)
You both complete and sign a property settlement agreement to divide the community property that you do own together
You both agree to give up any rights you may have to spousal support
You have both read and understand California’s Summary Dissolution Information booklet (here)
There is an exception to the residency requirement: If you are a same-sex married couple who no longer lives in California, but you were married in California, you can still file in our state if the state you live in now won’t dissolve your marriage. You’ll have to file in the county where you were married to take this route.
What is the Difference Between Summary Dissolution and Divorce?
Summary dissolution is a divorce. It’s simply one that’s a bit less complex than the traditional route.
How Long Does it Take to Get a Summary Dissolution in California?
There’s a 6-month waiting period for a summary dissolution. What that means is that your attorney will file your petition for you – and once the 6-month period is over, the court will enter a judgement that orders the dissolution of your marriage or domestic partnership. Once that’s done, you can remarry or start a new domestic partnership – your previous marriage or partnership is officially over.
Is There a Downside to Summary Dissolution in California?
While there isn’t a downside – you still get to dissolve your marriage or domestic partnership using a summary dissolution – the catch is that it’s only available to certain people. You can’t have minor children together (neither biological nor adopted) and you can’t have much community property together.
If you don’t meet the criteria, you’ll have to file for divorce rather than summary dissolution. Divorce brings about the same results.
Do You Need to Talk to a Stockton Divorce Lawyer About Summary Dissolution?
If you think that summary dissolution might be the right option for you to end your marriage or domestic partnership, we can help you. Keep in mind, though, that it’s not for everyone – you may need to end up filing for a standard divorce.
Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable divorce attorney in Stockton right now. We’ll answer your questions about child custody and child support, property division and more.
