Login  |  Register
Lawyers' Directory  - Article Details
STATISTICS
  • Active Links: 6204
  • Pending Links: 1017
  • Todays Links: 0
  • Total Articles: 17
  • Total Categories: 51
  • Sub Categories: 1500

How to Get a Divorce in San Diego, California

Date Added: May 16, 2008 12:15:46 AM
Author: Skye Blue
Category: California: Family Law
Going through a divorce can be rough and tumultuous or exciting depending upon your feelings about the spouse you are divorcing. Whatever you feelings, you can rest assured that the divorce process is pretty simple.

1. Decide whether you will represent yourself or whether you will hire a lawyer.

2. If you decide you want a lawyer to represent you, the lawyer will help you through the rest of this process. If you want help finding a lawyer, contact the San Diego County Bar Association at http://www.sdcba.org/ or at 619.231.8585.

3. If you are going to represent yourself, you will need to decide what kind of divorce you want. There are two types: 

a. Summary Dissolution-You can file for a summary dissolution if you have been married or registered domestic partners less than five years, have no children, do not own real estate, do not owe more than $4,000 in debt together, have less than $32,000 worth of property acquired during the marriage, do own more than $32,000 worth of property separately, both partners agree neither will ever get spousal support, and have a signed agreement that divides the debts. In addition, one spouse must have lived in California for at least six months prior to filing and 3 months in the County where the spouse is filing. 

b. Regular divorce-This is the category that most everyone else falls under. The divorce can be contested (your spouse does not agree) or uncontested (your spouse agrees or fails to respond to the summons and other paperwork).

4. To start your case, you must file forms FL-100 and Fl-110. If you have children under 18 with your spouse, you must also fill out FL-105. Use form FL-160 to list property and debts. You can obtain these forms by appearing in person at the Family Law Courthouse and purchasing them for a nominal fee or by downloading them off the internet at: http://www.courtinfo.ca.gov/selfhelp/family/divorce/step1.htm#forms. You must appear in person to file these forms. The cost of a divorce is $320. If you cannot afford this, you can file a fee waiver and ask for the fees to be eliminated or reduced, You can obtain the fee waiver in person or at: http://www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#fees. The judge will approve or deny your request. Be sure to list any extenuating circumstances that apply. Citizen involved in domestic violence cases do not have to pay a fee.

5. Once your papers are filed with the court, you must have them served on the other party. This can be done by a person other than you. This can be a friend or acquaintance. The person MUST be 18 years or older. If you do not have any one to serve the papers, you can pay a process server or the County Sheriff. The County Sheriff charges $30 plus other fees. For more information call 619.544.6401 or visit: http://www.sdsheriff.net/csb/civilpro.html. Either way, you will need to file form FL-115 (proof of service) and have your spouse fill out FL-117 which says that they were served. Your spouse will have a chance to respond to your forms.

6. Next, you will serve your disclosure forms. These forms disclose information about property and assets held jointly and separately. It also includes information on debts. FL-140 is the form that you file that lists your preliminary disclosures. FL-150 is an income and expense declaration and is required even if you do not have much income. You may be able to file FL-155 which is a simplified version of the statement. Read the back of FL-155 to see if you qualify. FL-142 is required to be filed and this list debts and assets. In the end, you will need to file a final disclosure with proper amount of the assets and debts unless you and your partner agree in writing that you want to skip the step or your partner does not file a response to the preliminary paperwork. The final disclosure will consist of forms FL-140, FL-150, and FL-142.

7. The last steps in filing your divorce depend on how your spouse responds to your summons. If your spouse does no file a response and no previous agreements are entered, file form FL-165 Request to Enter Default (Family Law-Uniform Parentage). This asks the judge to enter a judgment and this will usually go in your favor. If you want child or spousal support you will also need to submit form FL-150 (income and expense declaration).

If your spouse did not file a response but you and your spouse filed a previous agreement, then your agreement is on file and you can file Fl-165 (request to enter default) or FL-130 (Appearance, Stipulations, and Waivers form).

If your spouse filed a response and you have a settlement agreement or stipulated judgment, you will file form FL-130 (Appearance, Stipulations, and Waivers form).

8. The time and patience required to file a divorce is tedious and can be trying. If you fill out your paperwork incorrectly or file the wrong papers, you paperwork will be rejected. They usually give a reason, but do not give you any help to correct the problem. For help, you will need to see a family law facilitator. Plan to arrive early because lines start about an hour before they open.

Family law facilitators are available at:

220 West Broadway, Room 4001, San Diego, California 92101
Phone: (619) 531-3234 (Information Line)
Days and Hours of Operation
Monday to Friday, 8:00 a.m. to 12:00 p.m. and 1:30 to 4:30 p.m., first-come, first-served basis. Sign in at 8:00 a.m. for the morning session and 1:30 p.m. for the afternoon session. Plan to get in line early. 

1555 Sixth Avenue, San Diego, California 92101
Phone: (619) 531-3234 (Information Line)
Days and Hours of Operation
Monday to Friday, 8:00 a.m. to 12:00 p.m. and 1:30 to 4:30 p.m., first-come, first-served basis. Sign in at 8:00 a.m. for the morning session and 12 p.m. for the afternoon session. Plan to get in line early.

325 South Melrose Drive, Vista, California 92083
Phone: (760) 940-4952 (Information Line)
Days and Hours of Operation
Monday to Friday, 8:30 a.m. to 12:00 p.m. and 1:30 to 5:00 p.m., first-come, first-served basis. Sign in at 8:00 a.m. for the morning session and 12:00 p.m. for the afternoon session. Plan to get in line early

250 East Main Street, El Cajon, California 92020-3913
Days and Hours of Operation
Monday to Friday, 8:00 a.m. to 12:00 p.m. and 1:30 to 4:30 p.m., first-come, first-served basis. Sign in at 8:00 a.m. for the morning session and 12:00 p.m. for the afternoon session. Friday mornings: dissolution workshop as well as walk-ins. Plan to get in line early.

500 Third Ave., 3rd Floor, Room 390, Chula Vista, California 91910
Phone: (619) 531-3234 (information line)
Days and Hours of Operation
Monday to Friday, 8:00 a.m. to 12:00 p.m. and 1:30 to 4:30 p.m., first-come, first-served basis. Sign in at 8:00 a.m. for the morning session and 12:00 p.m. for the afternoon session. Plan to get in line early

Ratings
You must be logged in to leave a rating.
Average rating: (0 votes)
Comments

No Comments Yet.


You must be logged in to leave a Comment.
ARTICLES
FORECLOSURE HAVOC
A Los Angeles Bankruptcy lawyer with 30 years foreclosure fighting experiece explains: Tips on Surviving the Storm if Your Lender Won’t Work With You
FORECLOSURE HAVOC
A Los Angeles bankruptcy expert gives you Tips on Surviving the Storm if Your Lender Won’t Work With You
5th grader -- Intellectual Property
Easy to understand description of intellectual property including patent, trademark, and copyright. From the perspective of 1st and 3rd grader who think they are smarter than 5th graders.
Debt Collection in Illinois
This articles covers some of the basics of debt collection in Illinois.
Illinois Estate Planning For Young Families
This article covers the general topic of estate planning in Illinois for young families and why it's important.