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.
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