Divorce

In California, you get a divorce by starting a court case. We discuss considerations for a divorce on this page, however, as you will read, divorce in California is complicated and has many steps. The divorce must be pled to the Court on specific forms. Thus, having a partner in your divorce with vast experience is essential to ensure the best outcome for your family and future. In both highly contested cases and amicable divorces the parties to the case can become stuck in the process. Turn to the Stratte Firm and you will find a partner in your divorce to support you through a favorable outcome.

Because California is no-fault, no one has to prove someone did something wrong to cause the divorce as California. You can get a divorce even if the other person does not want one. You can divorce to end a marriage or domestic partnership. A legal separation has a similar process but at the end of a legal separation, you are still legally married. There are different instructions for nullity (annulment) and it is recommended that if you file for a nullity, you plead in the alternative for a divorce in case the nullity is not granted.

Residency: Either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months.
Venue: There are four divisions in San Diego (Central, East, South, and North) and you may file at the courthouse based on your zip code or your spouse’s zip code.

Forms: The minimum forms required to file are the Petition/FL-100, Summons/FL-110, and the Declaration Under UCCJEA/FL-105 if you have minor children. Please do not let the simplicity of the initial forms lull you into a sense that the process is simple. Even when parties cooperate, there are many steps to the divorce that follow. Partner with the Stratte Firm today to get started.

Financial disclosures are the next required step. At the time of filing, or within 60 days of filing, you are required to serve your spouse with a Preliminary Declaration of Disclosure. These forms include:

Declaration of Disclosure (FL-140);
Schedule of Assets and Debts (FL-142) or a Community Property Declaration (FL-160) and Separate Property Declaration (FL-160); and
Income and Expense Declaration (FL-150).
Filing: File papers to start the case and pay the filing fee which in San Diego is $435. If you cannot afford the fee, you can apply for a fee waiver.
Service: The documents must be served on your spouse by a third party over the age of 18.

After filing the forms and obtaining a case number, you must have someone serve (deliver a copy to your spouse). This can be anyone other than you over the age of 18 who will then complete a Proof of Service of Summons (FL-115). The Stratte Firm has a team of people to assist you in every stage of the process. We will coordinate service to be completed in such a way as to maximize the effectiveness of the desired outcome and impact of the notification on your spouse of the need for the next steps in the divorce process.

Personal delivery of the documents is the most reliable and generally is the required form of service. There are other procedures for mailing that may be utilized on a case by case basis.

The Stratte Firm is experienced in international divorce, custody, support, and asset division. If your family lives out of the Country, please reach out to discuss your situation with the Stratte Firm attorneys today. You will find a knowledgeable team on your side in your international divorce at the Stratte Firm.

Once served, a respondent has 30 calendar days to respond. However this time is extended until a Request to Enter Default is submitted.

Generally, a Response is filed even if the respondent does not disagree with the Petition. The respondent may file a Response to make sure no orders are made without their participation.

The respondent will also owe a filing fee or can apply for a fee waiver. Even in cases of default by agreement, the Court may request the other party to the divorce pay the intial filing fee. Talk to our team at the Stratte Firm today about your default by agreement or default divorce case today and we will partner with you to find the most expedient resolution for your circumstances.

We Hear All the Time “It Was So Easy to Get Married; Why is it So Hard to Get Divorced?”. The Answer is that it Really isn’t, You Just Need to Follow the Steps, and We’re Here to Help!

Timeline: Once it has been at least 30 days since your spouse was served, or a Response has been filed, you can move forward with your case. The parties must submit paperwork to finalize a case, the court does not take any action without the parties. This is why it is better to have a team to support you on your side. Contact us today at the Stratte Firm to get started on your divorce.

In California, there is a minimum waiting period of six months from the date that your spouse is served with the divorce petition packet. There is a procedure for a summary dissolution, however, you must not own property, not have children, your debts and/or assets cannot exceed $50,000, and you cannot have been married more than 4 years. Most divorces will not qualify for the shortened procedure.

Once the requirements are met, and if the parties are ready to move to finalize the divorce, it will be time to draft and submit the documents to obtain a judgement on the divorce. This judgement packet will become the “divorce decree” and will include the divorce date, six months from the date of service, and a name change if requested by one or both of the parties. A Judgment (FL-180) is filed at the end of the case along with order attachments, whether it is a default, or a marital settlement agreement. These forms are detailed and complex, and it is important that you partner with a knowledgeable law firm to ensure that the terms of your divorce are accurately recorded with the Court. Contact the Stratte Firm today to get started on your divorce case.