Spouse Application File For Divorce In San Jose
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Contact your local court and request the self -- divorce package, or Pro Se package. Many people want to get a divorce without an attorney, so the courts will have all of the required documents available.
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.
A divorce officially starts when the petition is filed in family court and your spouse is served. There is no minimum waiting period to file for divorce. The sooner you file the divorce petition and serve your spouse, the sooner the divorce will be finalized—after the 6-month waiting period, of course.
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.
Having an experienced California divorce lawyer on your side will not only speed up your divorce but also take a bit of stress out of the process. While a divorce can take time, there are ways to speed up the process. An uncontested divorce is the quickest end to a marriage partnership in the state of California.
If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly. The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce.
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.
You have 60 days from the day you file your divorce papers to serve your spouse. If you are not able to serve within that time, you can request more time. You should request more time before the 60 days is up if you can.
You can have papers served by mail if your spouse will sign a form acknowledging they got the papers and mail the form back. This is called service by Notice and Acknowledgement of Receipt. If your spouse lives out of state, you could also have the papers sent by certified mail with return receipt requested.
