The most important step in any divorce is to decide that you are ready to end your marriage. Some people are completely sure of this decision while others go back and forth with their decision.
The California divorce process can be long and difficult, especially if you are unaware of what it entails. Once started, the divorce process can be stopped and your case can be dismissed – just in case you believe you made the wrong decision. However, once the divorce process has begun, a dismissal generally requires that both parties agree to stop the divorce. It is best not to initiate this process until you are completely certain you wish to end your marriage.
In the state of California, when you file for dissolution of your marriage, you must meet the residency requirements set forth in California Family Code Section 2320(a). The requirements include at least one party is a resident of California for at least six months and a resident of the county for 3 months where the divorce papers are filed.
There is a six-month plus one day waiting period after the respondent is served with divorce papers before the divorce becomes final.
If you decide to proceed with a divorce, you need to file certain forms with the court in order to begin. The two most essential forms are the Petition (FL-100) and Summons (FL-110). A court filing fee must also be paid. California courts require a payment of $395 to open a divorce case.
Once you have filed the initial forms at your local courthouse, you will need to serve them on your spouse by either a process server or any reliable adult over the age of 18. Your spouse has 30 days to respond.
If you and your spouse can agree on all of the terms of your divorce, including property division, finances, parenting issues, you can secure an uncontested divorce. Most uncontested cases can be handled by mail and brief contacts with a judge.
If you have decided that a divorce is your only solution, you can rely on the Orange County family law offices of Amy M. Montes to guide you through difficult divorce and family law situations. We understand the divorce process and will aggressively represent your interests.
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