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CDPH-VR is only able to provide you with a Certificate of Record, which includes the names of the parties, filing date, county, and case number of the divorce. Copies of the actual divorce decree can only be obtained from the Superior Court in the county where the divorce took place.
Getting a divorce in California. Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership. It's the same process to get a legal separation.
To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons . If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children. Before you start. Get familiar with a few key terms.
- Protect Yourself, Your Children, and Your Property
- Make Sure You Meet Residency Requirements
- Gather Information
- Decide If You Need Temporary Alimony Or Child Support
- Determine Which Procedure to Use
- Prepare The Necessary Forms
- File Your Forms
- Notify Your Spouse
- Attend Court Hearings and Provide Additional Documents
- Wait For The Judgment
If you think your spouse might become violent, or kidnap the children, or take money from bank accounts or conceal other property, there are ways to protect yourself. This might involve a court order to prevent domestic violence, notifying childcare providers or schools that a child should only be released to you, or securing a passport for your ch...
To file for divorce in California, you must have been a resident of California for at least six months, and of the county where you will file for at least three months.
For the California divorce process, you will need to show—for both you and your spouse—how much you earn, what you own, and what you owe to creditors. Make copies of important documents, such as bank and investment statements, mortgage and loan documents, credit card statements, pay stubs, W-2 forms and tax returns, deeds, vehicle titles, life and ...
You will need to support yourself, and possibly your children, during the divorce process. This can be done with temporary spousal support and child support orders, which will require completing and filing additional forms.
California has a traditional dissolution of marriage procedure and a summary dissolution of marriage procedure. To qualify for the summary procedure, you must meet the following requirements: 1. You and your spouse agree to the divorce. 1. You do not have children. 1. You were not married for more than five years before separating. 2. You don't hav...
The official California divorce forms may be obtained from the court clerk, various online sources, or from publications at your local library. You will need to file a Petition for Dissolution of Marriage, as well as financial disclosure forms. If you are using the summary procedure, there will be a separate set of forms. If you have minor or depen...
Take your completed forms to the clerk's office of the Superior Court. You will need to pay a filing fee.
Your spouse must receive proper notice of the divorce having been filed. This is done in one of three ways: 1. Your spouse signs forms that show he or she is aware of the proceedings (in the summary proceeding your spouse will also sign the Petition) 2. Your spouse is legally served with copies of certain court papers 3. A proper legal notice has b...
Unless you use the summary procedure, there will be at least one court hearing. You might need to provide other documents that the judge requests. One form to be prepared is a Judgment of Dissolution of Marriage for the judge to sign, thereby making the divorce final. Many people falsely believe that, under a California divorce 10 years rule, perma...
There is a California divorce waiting period of six months between the time the Petition is filed and the time the Judgment of Dissolution of Marriage is final. Both you and your spouse will be sent a certified copy of the judgment.
May 10, 2023 · Updated: May 10, 2023, 2:55pm. Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations. Getty. Table of Contents....
- What’s the difference between spousal support and child support?Both spousal support and child support represent forms of financial support from one spouse to another, but each is legally distinct and calculated...
- Is there a difference between spousal support and ‘alimony’?Practically speaking, there is no difference between spousal support and alimony. While the term alimony is gender neutral by definition, it was co...
- How much does a divorce lawyer cost in California?Attorney fees are often the biggest cost of divorce proceedings and depend largely on location and how much time a case consumes. The average cost...
Divorce Forms. All California courts use the same basic set of forms for divorce. You can find the most commonly-used forms on this page. If you are not sure which forms to use, talk to your Self-Help Center or a lawyer. Some courts have special local forms too.
If you're getting divorced in California, it helps to know the steps and rules you'll need to follow—including the state's requirements for divorce (or "dissolution of marriage"), the filing fees and procedures, how long you have to wait before your divorce will be final, and what you can do to save money and speed up the process.
