How To File for Divorce in San Jose, CA?

Are you wondering how to file for divorce in San Jose, CA? Whether it’s a mutual decision or not, going through a divorce can be stressful, tiresome, and oftentimes confusing. It is useful to understand what you are getting into and what to expect before you start the process. Knowing what lies ahead and breaking it down into steps can make it feel a lot less overwhelming.

Six Steps to File for Divorce in San Jose

Filing for divorce, also known as dissolution in California, involves taking a lot of little steps in the right order.

To make it easier to follow, we broke them up into six actions you must take:

1. Determine Which County You Can File InTo be able to file for divorce in California, either you or your spouse must be living in the state for at least six months. Also, either you or your spouse must be living in the county you are filing in for the past three months.Some courts require you to fill out additional local forms. You can figure out if this is a requirement for your case by contacting your court clerk’s office or checking their website. A San Jose divorce attorney can also help you take care of these details if you are unsure what to do.
2. File Petition and SummonsThe divorce process officially starts with you filing a Summons (FL-110) and a Petition (FL-100). The petition is a request for a divorce filed with the clerk at your county court, and the summons serves as a notice to your spouse that you have filed this petition.If you and your spouse have children who are minors, you must also file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105). This document ensures that the state of California has jurisdiction to make custody and visitation orders pertaining to the child or children.
3. Serve the Divorce PapersOnce everything is filed, it’s time to serve the divorce papers to your spouse. By serving these papers, you are giving your spouse official notice that the case has been opened and giving the court notice that the process has been set in motion.Your spouse will have 30 days to respond. It’s important for you to also file a Proof of Service of Summons (FL-115) to ensure each step of the divorce process is thoroughly documented
4. File Temporary Orders if NecessaryIn some cases, you may not be able to wait for the divorce to be finalized to make certain decisions. You can request temporary orders in these situations to ensure everything is taken care of while you navigate the divorce process and figure out a final solution.Temporary orders often revolve around where your children will live in the interim, who pays the bills and remains in the shared home, and whether you can receive financial support from your spouse, among other things.
5. Share Financial Information With Your Spouse or Domestic PartnerOne of the requirements for getting a divorce in San Jose, CA is sharing your financial information with your spouse. The financial disclosure process ensures you and your spouse are being transparent about assets, debts, properties, income, expenses, and more so you can make informed decisions about who gets what after a divorce.
6. Make Final Decisions, Settle Disputes, and Finalize Your DivorceThe last step in finalizing your divorce is for you and your spouse to agree on the final terms. In most cases, this includes determining how to split up properties and debts and whether or not anyone pays spousal support.

FAQs

Q: How Much Does It Cost to File for Divorce in California?

A: The cost to file for divorce in California typically ranges widely depending on the county in which you are filing. If you cannot afford the divorce filing fee, you can ask the that it be waived. Typically, you can have this filing fee waived if your income is low enough, you receive public benefits, or you can’t afford it while still meeting your basic needs.

Q: Is California a 50-50 State?

A: California is a community property state, which means that spouses in a divorce will receive an equal portion of any community and/or commingled property or debts acquired during the marriage. However, this law does not apply to separate property owned by or debts owed by one spouse before the marriage or after the separation.

Q: How Long Does It Take to File Divorce Papers in California?

A: Getting a divorce in California takes six months at a minimum, but it is possible for the process to take longer depending on the complexity of your case and the response times of both you as the petitioner and your spouse, the respondent. It is possible to experience delays at any point in the process, so it is wise to be prepared for potential speed bumps.

Q: What Is the Difference Between a Family Lawyer and a Divorce Lawyer?

A: The terms “family lawyer” and “divorce lawyer” are often used interchangeably, but technically, divorce is a part of family law. This means divorce lawyers are family law lawyers who focus on divorce cases. Meanwhile, a family lawyer may also handle cases involving adoption, child custody, child support, guardianship, orders of protection, paternity, spousal support, and more.

Get in Touch With Our Experienced San Jose Divorce Attorney at TDC Family Law

As a family law practice with years of experience under our belt, TDC Family Law understands the ins and outs of the divorce process in California. We are committed to helping California residents through these tough situations, which is why we want to arm you with helpful knowledge about how to file for divorce in San Jose, CA.

Our goal is to provide the guidance you need to navigate through the divorce process and come out on the other side with a positive outcome. If you are ready to start the next chapter of your life, get in touch with our compassionate and knowledgeable legal team at TDC Family Law to learn more today.