Skip to main content

Divorces in California – Requisites for Doing-It-Yourself


California, being a no-fault divorce state means that courts there will not consider the innocence or guilt of either spouse. While choosing a do-it-yourself process of divorce (that most people do to save money), it is important to know the procedural guidelines of the court that will have jurisdiction over the case.

However, if the other spouse contests the divorce, the entire process will become more complex and may require legal assistance. California divorce filing services are offering great help in making the process smooth and stress-free.

Residency Requirement

The first step in all California divorces is to determine which country’s superior court will have jurisdiction over the divorce proceedings. If both the spouses are residents of California for at least 6 months before filing for divorce, the state will have jurisdiction over the proceedings. Both spouses have to live for at least 3 months in the country where they plan to file for divorce.



Initial Court Forms

After determining the appropriate superior court, the next step is to complete a petition using Form FL-100. This petition requires reporting personal information like length of the marriage, a list of all the assets held by the spouses, as well as the debts they are personally liable for.

While preparing the divorce a petition, both parties are asked to state their preferences for physical and legal custody of the children, visiting rights of the noncustodial parent, and requests for alimony payments.

The court must be notified about the children’s current living arrangements through Form FL-105. The party filing for the divorce must prepare summons on Form FL-110, attach it to the copies of initial court filings, and provide the spouse with a notice of divorce proceedings.

Proof of Service

The party who files for the divorce has the responsibility to serve their spouse with copies of the petition, summons, and Form FL-105, and also to file appropriate proof of service with the court after the delivery. Additionally, the service should include a blank Form FL-105 and Form FL-120, which the other spouse will use to draft their responses.

Final Agreement

When all the formalities are completed, and there are no issues about contests, the final step is to draft an agreement that states how the marital property will be split, the amount and frequency of alimony payments, child custody, and visitation rights, and every other decisions that are crucial before finalizing the divorce.

Final Words

Divorce can be a stressful activity and DIY puts an extra load of the burden on your shoulders. If you are too strained about the thought of splitting, you can get some relief on the process by appointing California divorce filing services to prepare all your legal documents accurately to ensure the proceeding without hiccups.

Comments