The threshold question you must answer before filing for divorce in California’s cities of Roseville, Sacramento, etc., or counties throughout such as Placer, Yolo, Sacramento, El Dorado, is have you lived in California for 6 months and have you lived in the county where you are filing for three months. If the answer is “yes” then you will want to obtain the following forms:
1. Petition for Dissolution – FL 100
2. Summons (Family Law) — FL 110
3. If there are children involved you will also need to file a Declaration Under UCCJEA — FL 105.
It will also be necessary for you to check your court’s local rules to ensure that there are no “local forms” required. Some counties have “local forms” which are forms only used by that county which are generally used for some administrative process the court has.
Once you have completed all the requisite forms, it will be necessary to sign and date the forms. Once the forms are signed and dated you will want to copy them three times. Take the original and copies of all documents to your local courthouse for filing. There is a filing fee for filing for dissolution in California, therefore, you will want to either bring your checkbook or check with the court ahead of time to determine the exact fee that will be charged. Presently the fee is $435.00. This can be expensive for many people, therefore, depending on your income level you may want to fill out a request for a fee waiver and file that along with your dissolution paperwork. The fee waiver request must also be accompanied by an order on the request for fee waiver and you should have the original plus two copies in order to file the request.
Once you have accomplished the goal of filling for a dissolution, your spouse must be served personally. You cannot serve your spouse, a person over the age of 18 not a party to the action can serve your spouse. Once your spouse is served you will need to prepare a Proof of Service of Summons which needs to be completed and signed by the party who served the documents. The completed Proof of Service of Summons needs to be filed with the Court also — remember anything you take to court to file should be the original plus at least two copies.
This guide is for informational purposes only and is not a substitute for seeking legal counsel. Dissolution in California is complex and seeking legal advice from divorce attorneys in Roseville, Sacramento, California, is recommended. This guide does not create an attorney client relationship. Call today 916/782-2737, or email email@example.com to set up your consultation.