how to file for a divorce in the state of california?

Answer 1

You need to give more info on your situation. The basic answer to your question is to a) get a lawyer or b) go to a paralegal or c) go to your local courthouse and get the papers and file yourself.

Answer 2

California law entitles you to a divorce (called a dissolution) based on irreconcilable differences. Fault in causing the breakdown of the marriage is no longer relevant in California. Your spouse does not need to give you permission, or even agree with you. To file for a divorce you or your spouse (Family Code section 2320) must have lived in the state of California for the last six months, and in the county where you file for the last three months. If you do not meet these residency requirements you may still file for a legal separation.

Before you file for a dissolution, understand that a divorce:
will legally end your marriage forever;
may divide your property and debts;
may provide for child support and if requested, spousal support; and
may determine who will care for the children and be entitled to make decisions on their behalf.

If you're not sure that you are ready for a divorce, you may want to seek personal or marriage counseling.

When is the legal process complete and the divorce final? The process of getting a divorce begins once you file the initial papers. Before your dissolution is complete, all the issues must be resolved, either by default, agreement or through contested court proceedings (hearings and/or trial) and as soon as you have prepared and filed all of the necessary paperwork and paid all the applicable fees. Everyone's case will take a different amount of time. The process may take several months if the case is uncontested, or it could take years if there is a lot of disagreement or complex issues. DO NOT ASSUME THAT YOU ARE DIVORCED UNTIL THERE IS A JUDGMENT FILED, SIGNED BY A JUDGE, AND ENTERED BY THE COURT.

A person is able to remarry only after the Judgment has been entered terminating marital status. The earliest date upon which marital status can be terminated is six months and one day after the Respondent was served with the Petition and Summons for dissolution or the date of appearance of the respondent, whichever occurs first (Family Code section 2339).

It is the responsibility of either or both parties to bring the case to Judgment. It is important that you seek legal advice if you have any questions.

There is a filing fee for all matters except for Domestic Violence Restraining Orders. If you cannot afford to pay the required fee, you may request the Application for Waiver of Fees and Costs. Forms are available in the clerk's office at each location or you can download them at the California Judicial Council Forms Page. Additional local forms may be required. When filing an initial petition for paternity, dissolution, legal separation, or a domestic violence case, you must file a Family Law Certificate of Assignment.

Answer 3

Very easy, go to your local attorney, California is filled with them, and simply file a petition for divorce! It takes about 2 or 3 months to become final barring any property settlement issues not being resolved in a timely manner. Good luck!!!

Answer 4

I left my husband for a month and was contemplating divorce papers, and I knew about a web site that you answer questions sort of like using "Turbo Tax" (if you ever have?), and when you are done answering questions all the forms will be generated, including the blanks that you are to serve on your spouse. It is fairly easy to use, I had helped my friend and that's how I first learned of the website. The link is below:

Answer 5

See your county's website - Family Law

http://www.solanocourts.com/general/court/family.htm

Answer 6

you need an atty or at least a paralegal, Thats the smartest way