{"id":1420,"date":"2021-09-03T18:55:07","date_gmt":"2021-09-03T22:55:07","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=1420"},"modified":"2022-07-28T09:51:51","modified_gmt":"2022-07-28T14:51:51","slug":"divorce-in-california","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-california\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in California"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n No matter what, going through a divorce is difficult, confusing, and emotional.<\/p>\n\n\n\n However, navigating the divorce process in California without a proper understanding of the relevant laws and the options available to you makes an already complex process even more challenging.<\/p>\n\n\n\n That\u2019s why we\u2019ve put together this complete guide to getting a divorce in California.<\/p>\n\n\n\n With the information below, you will understand everything from the different types of divorce to the considerations that courts pay attention to when deciding on custody, child support, and alimony.<\/p>\n\n\n\n One of the first things to know about divorce law in California is that the state is considered a \u201cno-fault\u201d divorce state.<\/p>\n\n\n\n This means that the person seeking a divorce does NOT need to prove that their spouse or partner acted wrongly in the marriage.<\/p>\n\n\n\n Instead, only one person has to decide it isn\u2019t working anymore and begin the process of getting a divorce.<\/p>\n\n\n\n However, that doesn\u2019t mean that there\u2019s just one way of getting a divorce in California.<\/p>\n\n\n\n You can take three different legal routes to get a divorce.<\/p>\n\n\n\n Each of these types of divorces has different laws that govern them, unique requirements that make particular couples eligible for one or the another, and additional costs associated with them.<\/p>\n\n\n\n In California, a massive law called the Family Code<\/a> (Ann. Cal. Fam. Code) covers everything to do with divorce throughout its more than 20,000 articles.<\/p>\n\n\n\n It establishes what happens in all three types of divorce, as well as the custody of children, division of property, and spousal support.<\/p>\n\n\n\n With the family code in mind, it\u2019s important to remember that divorce is not a subjective matter.<\/p>\n\n\n\n The circumstances of your marriage and the state of your relationship with your partner make a considerable difference to the specific laws that will determine the end of your marriage.<\/p>\n\n\n\n That\u2019s not bad because you can have clear expectations about what will happen so long as you understand the relevant laws at play.<\/p>\n\n\n\n In the rest of this section, we\u2019ll go over the three different types of divorce in California in detail.<\/p>\n\n\n\n A contested divorce is the most expensive and contentious type in California, almost always involving attorneys for both partners and usually ending with time in court.<\/p>\n\n\n\n Such a divorce is necessary whenever spouses have disagreements about anything involving the terms of the divorce.<\/p>\n\n\n\n Conflicts typically occur regarding dividing property and debts between the two parties, spousal support payments and custody of any children or minors.<\/p>\n\n\n\n For example, if a husband completes and files the \u2018Forms to Start a Divorce or Legal Separation<\/a>,\u2019 the next step is to serve those papers to his spouse.<\/p>\n\n\n\n A contested divorce will take place if the spouse takes issue with one or more aspects of the information on the divorce papers.<\/p>\n\n\n\n For example, debating how much a specific property is worth or whether an account is held jointly or individually.<\/p>\n\n\n\n In cases where spouses or partners disagree about divorce terms, compromise through mediation or working together can sometimes lead to agreement and the avoidance of a contested divorce.<\/p>\n\n\n\n On the other hand, the disagreements about the divorce terms might be very subjective opinions about the ways that terms should be <\/em>following the divorce.<\/p>\n\n\n\n For example, it\u2019s common for spouses to agree about how much a particular piece of property is worth but disagree about who should own it after the divorce or under what terms it should be divided.<\/p>\n\n\n\n This is when a contested divorce will follow.<\/p>\n\n\n\n In California, once one spouse files their forms with the court and petitions for the marriage to be dissolved, the other spouse has thirty days to file their own set of forms.<\/p>\n\n\n\n These response forms are called the \u201cForms to Respond to a Divorce or Legal Separation\u201d and the \u201cForms to Complete Your Preliminary Disclosure.\u201d<\/p>\n\n\n\n These two initial filings lay out the positions of both spouses in terms of how the marriage should be dissolved, what should happen to jointly own property, and how custody of any children should proceed after the separation.<\/p>\n\n\n\n The documents that each spouse submits can form the opening positions of the negotiation to follow.<\/p>\n\n\n\n Before going to court, married couples seeking contested divorces usually try to settle through negotiations led by their respective lawyers.<\/p>\n\n\n\n It\u2019s preferable to find a settlement because it saves everyone involved in the divorce a great deal of the time and expense when have to go to court.<\/p>\n\n\n\n If they can\u2019t settle, both parties will appear in court before a judge.<\/p>\n\n\n\n The court will decide any outstanding issues that the couple has not agreed upon, and both parties must abide by the decision (unless an appeal is made).<\/p>\n\n\n\n As you can tell from the above section about contested divorces, uncontested divorces occur when both spouses or partners agree on getting a divorce and all the major terms of their divorce.<\/p>\n\n\n\n Getting an uncontested divorce starts the same way as a contested divorce in California, specifically one of the spouses files a petition for divorce with the court.<\/p>\n\n\n\n In almost all cases, both spouses have worked through the forms together and come to an agreement on what the original petition says.<\/p>\n\n\n\n This stage of the process is sometimes referred to as creating a written agreement and is legally known as a stipulated judgment.<\/p>\n\n\n\n The stipulated judgment must include a declaration that both parties agree to end the marriage.<\/p>\n\n\n\n Depending on the circumstances of the marriage, the stipulated judgment may also include:<\/p>\n\n\n\n After the forms have been completed, they need to be notarized before being submitted to the courts.<\/p>\n\n\n\n There are a few ways to go about completing the necessary steps for an uncontested divorce.<\/p>\n\n\n\n Some couples come to an agreement and complete all of the forms on their own before submitting them to the court.<\/p>\n\n\n\n This can be difficult as the documents necessary to complete a divorce are quite complex, and making a mistake can substantially delay getting an uncontested divorce.<\/p>\n\n\n\n As a result, many couples choose to get assistance to complete the necessary forms.<\/p>\n\n\n\n There are two main types of assistance available to spouses seeking an uncontested divorce.<\/p>\n\n\n\n The first is online divorce providers that essentially help you complete your forms using an online form designed for ease of use.<\/p>\n\n\n\n By answering simplified questions online, you can fill out all the necessary forms for an uncontested divorce and receive instructions on how to file them correctly.<\/p>\n\n\n\n Couples can also seek the help of an attorney to complete the forms on their behalf.<\/p>\n\n\n\n Unlike contested divorces, both spouses do not need their lawyers because they have already agreed on the most substantial matters.<\/p>\n\n\n\n The costs of getting a single lawyer to perform the relatively streamlined process of getting an uncontested divorce are far less costly than the multiple lawyers involved in contested divorces.<\/p>\n\n\n\n As a result, you may be able to find a California divorce attorney that will perform this service for a much lower amount of billable hours or even a flat fee divorce.<\/p>\n\n\n\n After the petition is filed and the other spouse responds with an agreement to its terms, the divorce moves forward as an uncontested divorce.<\/p>\n\n\n\n After that, there are a few more final forms<\/a> to file.<\/p>\n\n\n\n After a six-month waiting period, a judge will review all the submissions that both you and your spouse have made and, if everything is in order, sign the divorce decree.<\/p>\n\n\n\n The judge will also point out any mistakes that have been made in the paperwork, which may delay the divorce if they are serious enough.<\/p>\n\n\n\n FURTHER READING:<\/strong> How To Get a Cheap and Quick Divorce<\/a><\/p>\n\n\n\n There are three main conditions for getting an uncontested divorce in California:<\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in California, it costs an average of $17,500 in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t A summary dissolution is a legal option for ending marriages without many of the complexities of a contested or uncontested divorce.<\/p>\n\n\n\n The process is so simple compared to other kinds of divorce because a summary judgment is only available to partners who meet a strict set of criteria.<\/p>\n\n\n\n These requirements ensure that the most complex issues that arise during the breakup of a marriage aren\u2019t an issue.<\/p>\n\n\n\n For instance, you can only get a summary dissolution if you do not have any children whose custody would need to be determined.<\/p>\n\n\n\n Likewise, couples can only have assets and debts below a certain threshold, meaning less complexity when dividing them.<\/p>\n\n\n\n A complete list of these requirements follows this section.<\/p>\n\n\n\n In summary dissolution, couples file a joint petition to end the marriage rather than one spouse filing a petition and the other needing to respond (Cal. Fam. Code \u00a7 2401 (a).).<\/p>\n\n\n\n On the joint petition, the two spouses must confirm that they meet the conditions for summary dissolution, provide their mailing addresses and contact information, and state whether they would like to return to the name they had before the marriage.<\/p>\n\n\n\n There are a few other forms that couples need to submit along with the joint petition:<\/p>\n\n\n\n After all the relevant information has been filled out, the last thing that needs to be submitted is the settlement agreement.<\/p>\n\n\n\n Both spouses need to write up a treatment of the relevant issues in their separation and stipulate how they will resolve them.<\/p>\n\n\n\n These points include how they will divide jointly held property, as well as any other terms.<\/p>\n\n\n\n California courts have published a sample property settlement<\/a> that couples can refer to when drafting their own.<\/p>\n\n\n\n After submitting the joint petition, additional documents, and settlement agreement, an official from the court will approve the documents and issue the date of divorce.<\/p>\n\n\n\n All this will happen six months after they filed the summary dissolution.<\/p>\n\n\n\n There are somewhat stricter requirements<\/a> for those seeking a Summary Dissolution of their marriage, making it unavailable to some couples. They are:<\/p>\n\n\n\n The first step of getting a divorce is checking the jurisdictions in which you can get a divorce.<\/p>\n\n\n\n This part is crucial because each state has its own conditions for determining whether or not someone counts as a resident when getting a divorce.<\/p>\n\n\n\n In California, the requirements for residency are outlined in section 2320 of the California Family Code<\/a>.<\/p>\n\n\n\n One of the two spouses involved must have lived in California for at least six months for a divorce to be possible in the state.<\/p>\n\n\n\n Furthermore, one of the two spouses needs to have been a county resident where they are filing for divorce for at least three months.<\/p>\n\n\n\n There are a few exceptions to this rule.<\/p>\n\n\n\n One could seek a divorce in California even if neither party is a resident if they entered into the marriage in California.<\/p>\n\n\n\n Same-sex couples that weren\u2019t married in California nor live there can still file for divorce in the state if their states don\u2019t recognize same-sex marriage.<\/p>\n\n\n\n Under marriage law in California, there are only two grounds for getting a divorce.<\/p>\n\n\n\n The first is a \u201cno-fault\u201d divorce that alleges that irreconcilable differences between the two spouses prevent the marriage from continuing.<\/p>\n\n\n\n The no-fault part of the equation means that no proof of the irreconcilable differences needs to be provided.<\/p>\n\n\n\n If California were one of the states that practices \u201cfault-based\u201d divorce, then specific grounds for divorce (such as cruelty, fraud, abandonment, or infidelity) need to be proven by one of the parties for the divorce to be granted.<\/p>\n\n\n\n Also, California doesn\u2019t require that both spouses or partners agree that there are irreconcilable differences.<\/p>\n\n\n\n Only one of the people involved needs to allege that there are such issues in the marriage.<\/p>\n\n\n\n As the Court of California<\/a> states, \u201cTo get a no-fault divorce, 1 spouse or domestic partner has to state that the couple cannot get along.\u201d<\/p>\n\n\n\n Another implication of California being a no-fault divorce state is that the courts won\u2019t consider which party is at fault for the conditions that have led to the failure of the marriage.<\/p>\n\n\n\n This point impacts property or custody disputes.<\/p>\n\n\n\n Where other states might grant the party not at fault for the failure of the marriage advantageous terms in the final settlement, California courts won\u2019t do this.<\/p>\n\n\n\n For instance, if one spouse was unfaithful, other states might see this as a reason to grant spousal support or custody to the partner that wasn\u2019t unfaithful, but this will not happen in California.<\/p>\n\n\n\n The second ground for a divorce in California is much less common and set out in section 2310 of the Ann. Cal. Fam. Code.<\/p>\n\n\n\n This ground for divorce relates to the inability of one of the spouses to make decisions for themselves.<\/p>\n\n\n\n It\u2019s referred to as the \u201cincurable insanity\u201d ground for divorce.<\/p>\n\n\n\n Experts say<\/a> that, compared to divorces based on irreconcilable differences, divorces based on incurable insanity are relatively challenging to get because of the high burdens of proof on the person petitioning for divorce.<\/p>\n\n\n\n Nonetheless, this legal option does exist for a reason.<\/p>\n\n\n\n A spouse suffering from mental illness to the degree that they are incapable of making decisions for themselves can\u2019t complete the necessary actions required for getting a divorce.<\/p>\n\n\n\n For that reason, in divorces based on \u201cincurable insanity,\u201d divorce papers are served to the guardian or conservator of the mentally ill party.<\/p>\n\n\n\n The person designated to be the mentally ill spouse\u2019s guardian will then be responsible for representing their charge\u2019s interests in court.<\/p>\n\n\n\n To get this kind of divorce, the sane spouse petitioning for divorce must produce testimony from a mental health professional (usually a psychiatrist) that certifies their spouse is incapable of making decisions according to the law.<\/p>\n\n\n\n A mental health professional will make this determination when their patient has deficits in their ability to sustain normal:<\/p>\n\n\n\n If such issues lead to a legal incapacity to make decisions, then the spouse who wants a divorce will have to use the grounds of permanent insanity.<\/p>\n\n\n\n Whether or not to involve a lawyer in your divorce proceedings can be a complicated decision.<\/p>\n\n\n\n Using a lawyer isn\u2019t always required in an uncontested or even a contested divorce, especially if you and your spouse are on good terms.<\/p>\n\n\n\n But, it can be helpful if you and your spouse share many – or particularly complex – assets like multiple properties or investments.<\/p>\n\n\n\n It\u2019s advantageous to have solid legal representation in contested divorces because you can become engaged in something of a zero-sum game.<\/p>\n\n\n\n When you lose the rights to certain finances or property, it\u2019s because your spouse gains access to them.<\/p>\n\n\n\n We all know that divorces can often become very contentious affairs.<\/p>\n\n\n\n In such situations, you want to be sure that you have legal representation that can protect your assets retain your right to see your children.<\/p>\n\n\n\n That\u2019s why we\u2019ll go over all the considerations that come into play when selecting and hiring a divorce attorney.<\/p>\n\n\n\n Several qualities make a particular divorce attorney a good fit for you and your specific case.<\/p>\n\n\n\n In the list that follows, some of the entries are matters of course\u2014those qualifications that you would expect any divorce attorney to have\u2014and some are qualities that are the mark of a truly exceptional attorney.<\/p>\n\n\n\n You don\u2019t want to enter into a contentious divorce with an attorney that doesn\u2019t have the experience necessary to know what actions are best.<\/p>\n\n\n\n Divorces and California divorce law are both very complex, and it takes time for a lawyer to learn how to navigate within them.<\/p>\n\n\n\n Attorneys working at law firms specializing in divorce law will almost always be qualified to take on any task that your case requires.<\/p>\n\n\n\n Because they have experience with any legal curve ball thrown at them.<\/p>\n\n\n\n For example, if you will be going through a divorce with a narcissistic<\/a> spouse, having an attorney with experience with negotiation tactics that will navigate around falling into common traps narcissists set for their victims.<\/p>\n\n\n\n First of all, it\u2019s crucial to have a divorce attorney with good communication skills for the sake of your interactions with them.<\/p>\n\n\n\n You want to make sure that there are no communication breakdowns between you and your lawyer while getting a divorce, as these can be disastrous for your future.<\/p>\n\n\n\n Also, keep in mind that your divorce lawyer will be the one interfacing with both your ex\u2019s lawyer and your ex themselves, so their people skills will be critical in that arena as well.<\/p>\n\n\n\n You should have a lawyer who can keep everything as civil as possible throughout the process.<\/p>\n\n\n\n While you might not always be able to maintain your composure and communicate effectively, you should have a lawyer that can.<\/p>\n\n\n\n When getting a divorce in California, every decision requires sound judgment.<\/p>\n\n\n\n Remember, you\u2019re potentially dealing with legal arguments in court that can go one way or another.<\/p>\n\n\n\n Having a lawyer who can deal with risk and cost-benefit analysis is a necessity in these circumstances.<\/p>\n\n\n\n When there\u2019s a difficult decision to be made about contesting a certain claim your spouse is making or a child custody argument, you need to be sure that the person counseling you is giving you the best possible advice.<\/p>\n\n\n\n As much as you want a lawyer that can dispassionately weigh arguments and predict their perception in court, it\u2019s also important to have a lawyer with some edge over them.<\/p>\n\n\n\n Since your lawyer should represent your<\/em> interests, not those of your spouse, make sure that they are invested in the task and will do everything they need to do.<\/p>\n\n\n\n The key to finding a good California divorce lawyer is to consider a few options and to do your research.<\/p>\n\n\n\n The truth is that a divorce attorney has a financial incentive to get your business, so they will sell themselves in the best way possible.<\/p>\n\n\n\n However, you should always be skeptical and do your research by gathering information and interviewing a few potential attorneys.<\/p>\n\n\n\n One great way to cut through advertisements and salesmanship is to get recommendations from friends or family.<\/p>\n\n\n\n If you ask people who have been through divorces about who represented them and their experience with those lawyers, you might find a great lawyer or you could avoid a disastrous one who messed up your buddies\u2019 divorce.<\/p>\n\n\n\n Generally, you should interview at least three attorneys<\/a> before selecting who will represent you is good advice.<\/p>\n\n\n\n You want to hear a range of perspectives about your divorce before choosing the attorney who best represents your thoughts and opinions.<\/p>\n\n\n\n There are many questions that you should ask a potential attorney before deciding that they are suitable for you.<\/p>\n\n\n\n Here is a selection of the most important questions that you should ask a potential divorce attorney:<\/p>\n\n\n\n Keep in mind that an attorney may not want to offer complete answers to many of these questions at the initial stage of the first meeting.<\/p>\n\n\n\n They will have to look into many details of your financial situation before knowing the answer to these questions.<\/p>\n\n\n\n A good attorney with lots of business might not want to get into those details until they know you will be a client\u2014that kind of exclusivity isn\u2019t a bad thing!<\/p>\n\n\n\n In short, whether or not the initial consultation with a lawyer is free depends on the lawyer.<\/p>\n\n\n\n Some lawyers and law firms advertise free consultations as a way of drumming up business.<\/p>\n\n\n\n Generally, these meetings last anywhere from thirty minutes to an hour.<\/p>\n\n\n\n They are primarily an opportunity to meet and get to know the lawyer who will be working on your case.<\/p>\n\n\n\n Remember, not only will you be spending a lot of time with your lawyer during a contested divorce, but you\u2019ll also be sharing intimate details of your life with them.<\/p>\n\n\n\n With that in mind, make sure you feel comfortable with them.<\/p>\n\n\n\n Beyond offering some vague advice about how the case tends to go, few lawyers will give you many specifics about legal strategy or how they would argue your case.<\/p>\n\n\n\n Other law firms refuse to offer<\/a> free consultations.<\/p>\n\n\n\n There are a few reasons for this stance.<\/p>\n\n\n\n First of all, some lawyers want to avoid using their time on free consultations when there\u2019s no guarantee they will receive your business.<\/p>\n\n\n\n They need to focus their time on revenue generating tasks.<\/p>\n\n\n\n Also, they may hesitate to offer advice because they could be held liable if you are following that advice leads to bad outcomes.<\/p>\n\n\n\n Yes, the initial meeting with a lawyer is confidential, whether or not you pay for the initial consultation.<\/p>\n\n\n\n A lawyer has a professional obligation to keep the details of your consultation private because the interaction is still one that revolves around the law and legal advice.<\/p>\n\n\n\n Indeed, once you\u2019ve had an initial consultation with an attorney, they won\u2019t be able to represent your spouse even if you haven\u2019t hired them.<\/p>\n\n\n\n This is referred to as being \u201cconflicted out<\/a>.\u201d<\/p>\n\n\n\n Some people going through divorces use this as a legal strategy, seeing as many top attorneys as possible in an area for initial consultations.<\/p>\n\n\n\n This trick can prevent your spouse from finding a high-quality attorney to represent them.<\/p>\n\n\n\n This was what Tony Soprano did in the hit HBO series “the Sopranos” to stop his wife from hiring one of the top divorce attorneys.<\/p>\n\n\n\n In contested divorces, hiring an attorney is highly recommended. In such situations, you need someone who truly understands the law and how it impacts your specific case.<\/p>\n\n\n\n However, when it comes to other types of divorces\u2014namely uncontested divorces and summary dissolutions, the choice is less clear about whether or not to use a lawyer.<\/p>\n\n\n\n That\u2019s because these types of divorces can take place without the involvement of an attorney, but some couples prefer to bring in a lawyer to help them through the process and all of the complicated legal forms.<\/p>\n\n\n\n Regardless, here are the pros and cons of hiring a divorce attorney in California to help you decide what is best for you.<\/p>\n\n\n There are other options, such as online divorce companies<\/a>, that can also assist you in filling out the legal forms necessary to get an uncontested divorce but at a much lower cost (usually between approximately $200 and $400).<\/p>\n\n\n\n After you ask your husband or wife for a divorce<\/a> you will need to file for a divorce to start the legal process. When filing for divorce in California, all of the necessary steps must be completed properly and in the proper order.<\/p>\n\n\n\n Otherwise, you might face delays in the dissolution of your marriage.<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n It\u2019s no small job to prepare the forms that need to be filed to enable you to get divorced.<\/p>\n\n\n\n The first step is to determine which type of divorce you will pursue: a contested divorce, an uncontested divorce, or a summary dissolution.<\/p>\n\n\n\n This decision will determine exactly which forms you will need to file and the process of going about filing them.<\/p>\n\n\n\n You and your spouse or partner must speak with one another to see if you agree enough to pursue an uncontested divorce or summary dissolution.<\/p>\n\n\n\n In both cases, the two spouses must agree on the significant parts of the settlement that dictate how to split up property, potential spousal support, or custody considerations.<\/p>\n\n\n\n If there are no prospects for an amicable agreement between the two parties (as there is often not), then you should prepare all the paperwork for the courts with a lawyer\u2019s help.<\/p>\n\n\n\n Remember that the proposed division of assets and the treatment of custody that your original findings propose will be the basis for future negotiations.<\/p>\n\n\n\n This is true whether you are the petitioner for divorce (i.e., the party who submitted the Forms to Start a Divorce or Legal Separation<\/a>) or the responder (i.e., the one who must file the Forms to Respond to a Divorce or Legal Separation<\/a>).<\/p>\n\n\n\n When a spouse files forms that show they take issue with the terms of settlement proposed by the petitioner, a contested divorce follows.<\/p>\n\n\n\n In an uncontested divorce, you and your spouse will need to submit all the same documents, with one of you acting as the petitioner and the other acting as the respondee.<\/p>\n\n\n\n The major difference is that you and your spouse will have discussed and agreed upon everything you propose to the court on the initial Forms to Start a Divorce or Legal Separation<\/a>.<\/p>\n\n\n\n Since there\u2019s no controversy over what\u2019s in that document, the respondee can reply by simply accepting its terms.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t Once you have finished preparing your documents, you will need to file them with a local court.<\/p>\n\n\n\n Recall that California residency requirements dictate that one of the spouses must have lived in the county where you are filing the divorce forms for at least three months.<\/p>\n\n\n\n In other words, you can\u2019t file your documents with just any court in California, but it must represent the county where you are a resident.<\/p>\n\n\n\n Once you have determined the proper county to file for divorce in, there are two steps to filing your documents in California.<\/p>\n\n\n\n Once you have filed your divorce forms with the local court in a county where you or your spouse reside, you must serve those papers to your spouse.<\/p>\n\n\n\n Serving legal documents is a way of giving formal notice to the other side of any legal case, not just divorces.<\/p>\n\n\n\n There are many rules involved in serving court documents, so you must do it properly.<\/p>\n\n\n\n Now, you aren\u2019t allowed to serve legal documents to your spouse on your behalf.<\/p>\n\n\n\n Instead, you need to find a third party to act as a server.<\/p>\n\n\n\n Guidelines<\/a> on the California Courts website specify that appropriate servers are:<\/p>\n\n\n\n In contested divorces, you must use \u201cpersonal service,\u201d which means that the person acting as your server delivers the papers in-person to your spouse.<\/p>\n\n\n\n In uncontested divorces and summary dissolutions, however, you can serve your spouse by mail if they agree to it.<\/p>\n\n\n\n Since, in these cases, both spouses or partners are cooperating on the divorce, California Courts don\u2019t believe the expense and difficulty of personal service are necessary.<\/p>\n\n\n\n Note that you will still need to have a third party mail the documents to your spouse on your behalf when using Service by Mail.<\/p>\n\n\n\n It\u2019s very important for both parties to truthfully fill out their Forms to Complete Your Preliminary Disclosure<\/a>, which sets the factual groundwork of the case as it goes forward.<\/p>\n\n\n\n These forms are in the Income and Expense Declaration (FL-150), the Schedule of Assets and Debts or a Property Declaration (FL-142 and FL-160, respectively), and the Declaration Regarding Service of Declaration of Disclosure (FL-141).<\/p>\n\n\n\n A lawyer should also check these over because, in a contested divorce, mistakes on your disclosure forms can be costly and used against you.<\/p>\n\n\n\n Both parties will also have to submit all the preliminary disclosure documents in an uncontested divorce as well.<\/p>\n\n\n\n Since there will not be negotiations or court appearances in the future, the stakes are somewhat lower.<\/p>\n\n\n\n Nonetheless, you still want to make sure everything is correct for both legal and tax reasons.<\/p>\n\n\n\n The Court of California has published helpful documentation and video explainers<\/a> for how to fill out these forms.<\/p>\n\n\n\n Finally, you\u2019ll have to submit financial disclosures as well if you\u2019re pursuing a summary dissolution of your marriage.<\/p>\n\n\n\n In this case, the financial disclosure forms are the same as in contested and uncontested divorces and no less important.<\/p>\n\n\n\n Both spouses will have to fill out separate Income and Expense Declarations (FL-150), as well as a few more forms and their past two years of tax returns.<\/p>\n\n\n\n In recent years, using online divorce services has gained popularity for uncontested divorces.<\/p>\n\n\n\n Depending on what website you choose, the company can take care of most of your divorce paperwork based on answers you provide through their guided user interface.<\/p>\n\n\n\n Some online divorce services merely help you complete your forms and provide instructions, while others will file and serve them on your behalf.<\/a><\/p>\n\n\n\n When you\u2019re investigating the many options for getting an online divorce, look carefully at the services that are included in the basic price and compare what you\u2019re getting with what other websites offer.<\/p>\n\n\n\n In general, getting an online divorce is much much cheaper than using an attorney to help you with the process.<\/p>\n\n\n\n Not only that, you\u2019ll end up avoiding much of the effort and stress associated with divorces by using this very efficient method.<\/p>\n\n\n\n You cannot pursue a contested divorce through an online platform in California because these websites are friendly to divorces where there are disputes that require judges or lawyers to be involved in the decision making process.<\/p>\n\n\n\n Online divorces involve uncontested divorces in California.<\/p>\n\n\n\n In these cases, spouses can work together to fill out their divorce papers through the website that guide them through filling out the legal forms.<\/p>\n\n\n\n Some websites will also assist married couples seeking a summary dissolution, but others focus on uncontested divorces.<\/p>\n\n\n\n You will usually still need to go to court to complete many of the necessary steps of your divorce, even if you use an online divorce platform.<\/p>\n\n\n\n However, since you can\u2019t use online platforms to get a contested divorce, you probably won\u2019t have to attend any hearings in front of a judge.<\/p>\n\n\n\n It\u2019s best to think of online divorce services as similar to online tax software.<\/p>\n\n\n\n You go through a form that asks you questions in plain English, and, based on your answers, the software fills in all the necessary information on the legal forms.<\/p>\n\n\n\n It\u2019s easier to complete the forms using online software, especially if you aren\u2019t great at reading and understanding legal jargon.<\/p>\n\n\n\nTypes of Divorce Laws in California<\/h2>\n\n\n\n
Contested Divorce<\/h3>\n\n\n\n
Pros and Cons<\/h4>\n\n\n
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Uncontested Divorce<\/h3>\n\n\n\n
Uncontested Divorce Requirements in California<\/h4>\n\n\n\n
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Summary Dissolution<\/h3>\n\n\n\n
Summary Dissolution Requirements in California<\/h4>\n\n\n\n
Pros and Cons<\/h4>\n\n\n
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Residency Requirements in California<\/h2>\n\n\n\n
Grounds for Divorce in California<\/h2>\n\n\n\n
Divorce Based on \u201cIrreconcilable Differences\u201d in California<\/h3>\n\n\n\n
Divorce Based on \u201cIncurable Insanity\u201d in California<\/h3>\n\n\n\n
Using a California Divorce Attorney<\/h2>\n\n\n\n
What Makes a Good Divorce Attorney<\/h3>\n\n\n\n
They Are Qualified and Have the Relevant Experience<\/h4>\n\n\n\n
They Have Communication Skills<\/h4>\n\n\n\n
They Have Good Judgment<\/h4>\n\n\n\n
They Are Competitive<\/h4>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Initial Meeting Confidential?<\/h3>\n\n\n\n
Pros and Cons of Using a Divorce Attorney<\/h3>\n\n\n\n
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Filing for Divorce in California<\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
Filing Your Divorce Forms<\/h3>\n\n\n\n
Serving Your Spouse<\/h3>\n\n\n\n
Financial Disclosures<\/h3>\n\n\n\n
Online Divorce in California<\/h2>\n\n\n\n
How to Qualify for an Online Divorce in California<\/h3>\n\n\n\n
Do You Still Need to Go to Court?<\/h3>\n\n\n\n