Starting a Divorce in California

Once you have decided to seek a Dissolution of Marriage, which is legalese for “Divorce”, in California, the process is fairly straightforward.  Please note I did not say simple or easy.   Before you begin any paperwork make sure you have the right to file for divorce.  In the State of California a person must be a resident of the state for a minimum of six months and the county for a minimum of three months before filing for divorce.  If either or both of these requirements is not met the court will dismiss your case.

So what do you do if you have just moved to California, or the county?  There is no jurisdictional requirement for filing a Petition for Legal Separation.  You can file your Petition for Legal Separation, then once you have met the jurisdictional requirements amend the Petition to request a Dissolution of Marriage.

Regardless of whether you file for Dissolution of Marriage or Legal Separation you will need to complete a Summons–Family Law and a Petition for Dissolution of Marriage or Petition for Legal Separation.  If there are minor children of your relationship you must also complete a UCCJEA Declaration.

While on the surface these forms appear self-explanatory there are critical areas which, if answered incorrectly, could cost you thousands…and thousands…and thousands of dollars.

For example the Petition will ask for the “Date of Separation”.  Lots of people have different ideas as to what this means.  One of my clients completed her own Petition and listed what she believed the date of separation to be.   Years later, after speaking with an experienced divorce attorney, she believes her separation was actually two years earlier.  So what you may ask?  During the two year period husband incurred significant debt.  If this person had initially put the date of separation two years earlier…and if a judge believed her…she would not have been assigned one-half of the debt, which totaled approximately $43,000.00.   Not consulting an experienced divorce lawyer  may have cost this woman $ 21,500.00.

Even if you can’t afford to retain an attorney, or would rather do it yourself, please consult with an experienced divorce attorney before you sign any important papers.  Any consultation fee will most likely pay for itself many times over.

Once the above documents have been completed they are filed with the county courthouse where you are a resident.  There is currently a $355.00 filing fee to file for divorce or legal separation in California, but depending on your income you may qualify to have some or all of those fees waived.

http://www.RobertBuschLaw.com