Spouse Application File For Divorce In California
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FAQ
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. But, there isn't a required 6-month waiting period.
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.
Whatever the case may be, there is some good news for you: your spouse doesn't have to sign divorce papers or even agree for it to take place.
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.
Choose the Right Time and Place : Find a private, quiet space where you can talk without interruptions. Be Honest but Compassionate : Clearly express your feelings and reasons for wanting a divorce. Prepare for Their Reaction : Understand that your spouse may react with shock, anger, sadness, or denial.
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.
Assets that may be protected from equitable distribution during a divorce are typically belong to one of two types: premarital property that has been kept from being commingled or transitioned and gifts or inheritances.
Most courts will give a fair and equitable split (most times, 50/50) on all assets acquired after marriage. That includes the 401(k) for either of you but it could also depend on what the distribution of assets is. If she keeps all the equity in the house, you may keep all the 401(k).
You just have to do all of the forms, agree on division of assets, and both sign everything, then have it notarized, and file it all with the circuit court. You will get a court date and both have to appear, but as long as you agree on all the terms it should be a painless formality.
