Spouse Application File For Divorce In San Diego
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Getting a divorce in California Getting a divorce takes at least 6 months.
If you and your spouse file in different California counties, it will matter not who filed first but who gets the other spouse served first. That determines which county's Superior Court will handle the case. But once the court is determined, the two parties have the same procedural rights.
You can get a divorce even if the other person doesn't want one. You can divorce to end a marriage or domestic partnership. A legal separation has a similar process, you can use these instructions. You need different instructions for an annulment.
A spouse can file for divorce without the knowledge or consent of the other spouse, but cannot proceed until their spouse is served with the papers. In California a party has 60 days to serve a complaint without explaining to the court why it hasn't been served.
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.
In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce (this is called no fault divorce). You can get a divorce even if the other person doesn't want one. You can divorce to end a marriage or domestic partnership.
You have been married or partners for less than 5 years It's been less than five years from the date you married or registered your partnership to the day you split up (called your date of separation).
An uncontested divorce is much faster and cheaper than traditional divorce—spouses can often use a DIY solution like an online divorce service. They do, though, also have the option of getting professional help.
