Some marriages can be saved, but sometimes, there is no other option but to end a marriage. Once you’ve decided you need a divorce, if you’re a resident of Ventura, Oxnard, Camarillo, Thousand Oaks, or another city in the area, the next big question is how to file for divorce in Ventura County, CA.
We have created this article to give you the best, easiest, and most reliable way you can file for divorce in Ventura county, California. Read on to learn more about filing for divorce in your local courthouse or even online.
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Filing for Divorce in Ventura County, CA: Getting Started
To get started with your divorce, you may want to consider whether you’re eligible for divorce and what the legal reason for your divorce will be. We’ll quickly cover that in this first section.
Requirements for Filing for Divorce in Ventura County, CA
Not all couples residing in Ventura county can file for a divorce. To qualify, you or your spouse need to:
- Lived in California for half a year or more
- Be a resident of Ventura county for at least three months
- If you have children, your children must be California residents for you to take them to court for custody proceedings. Typically, they must have resided in California for at least six months before any proceedings can occur.
Grounds for Divorce in Ventura County, CA
To file a divorce in Ventura county, California, the party that institutes the divorce has to submit a divorce petition following the correct filing procedure. The document must include one of the grounds for divorce the state’s family code provides. But what exactly are those grounds for divorce in your area?
According to California Family Code, Sec. 2310, here are the grounds for divorce in Ventura county:
- Incurable insanity is when a veritable medical or psychiatric source attests to one of the spouses being incapacitated. This call can’t be made at your absolute discretion; filing for incurable insanity divorce is very complicated.
- Irreconcilable differences are responsible for a marriage’s irreparable breakdown.
However, California is a no-fault state. This means seeking a marital settlement agreement based on irreconcilable differences is sufficient.
Different Forms for Various Marriage Annulment Cases in Ventura County, California
When you’re ready to proceed, it’s time to consider the paperwork. Every court proceeding requires a specific set of forms, such as form FL-195 and form FL-341A. Some are optional forms as well. That said, here are the divorce forms needed for divorce in Ventura county, California. Keep track of your costs to file the forms using the CA fee schedule.
General Forms for Divorce in Ventura County, CA
- Declaration of Disclosure
- Separation Agreement
- Declaration for Default or Uncontested Dissolution
- Notice of Entry of Judgement
- Proof of Service
- Ventura County Divorce Decree or Judgement
- Property Declaration financial forms
- Declaration Regarding Service or Stipulation and Waiver
Forms for Divorce in Ventura County, CA with Children
Moreover, if the marriage involves minor children (age range below eighteen), the list of forms required will also include:
- Declaration under UCCJEA
- Child Support Case Registry Form
- Child Support Calculations
- Parenting Time Order Attachment
- Notice of Rights and Responsibilities
- Child Support Information and Order Attachment
- Income and Expense Declaration
Keep in mind that the list above doesn’t cover all the additional forms needed for a divorce case in Ventura county, California. A divorce case may be a contested or uncontested divorce, property inclusive, or involve child custody, perhaps even all three. Hence, divorce cases vary, and so do the documents involved. If you need help with your paperwork, don’t hesitate to reach out to A People’s Choice for a cost-effective alternative to an attorney-client relationship.
Divorce Filing Fees in Ventura County, California?
To file for divorce in Ventura, you will need to pay a flat fee of $435. However, you can file the Request to Waive Court Fees if you are financially incapable. The form will require information on your spending ability and finances. After, the judge determines whether the request is reasonable.
Divorce with Children in Ventura County, CA
Custody issues may well arise if you and your spouse have children together. This can either be resolved amicably between each party of the domestic partnership/marriage or in court.
For any divorce, but especially for divorce with kids involved, things will be much easier if you and your spouse can act as a civil unit and agree on the divorce terms. If you come up with a marital settlement agreement before filing for a divorce, your case will not be left to the sole discretion of the court. This way, there are no disputes, and the court will treat the case as an uncontested divorce.
If trying to do this with your spouse may be challenging, you can have an arbitrator help you and your spouse come into an arbitration agreement. For arbitration, one spouse must notify the other via written notice of dispute.
Whether or not you manage to figure things out with your spouse without involving legal services, your child custody case will be one of two types: Legal and physical custody.
Legal Custody: According to family law, this is the party that gets legal custody of a child. They have legal rights over all the child’s important decision-making (such as healthcare, education, and welfare.)
Physical Custody: The spouse that gets physical custody of the child provides accommodation for them.
According to California Family Code, Sec. 3010 – 3012, judges determine who gets custody of the child based on the child’s best interest.
To decide that, the court inspects certain factors within family law like:
- The child’s age and health
- The emotional connection the child shares with each parent
- Each parent’s ability to care for the child
- History of substance abuse or violence
Both legal and physical custody can be shared or handed over to a parent. The decision is dependent on the circumstances of the case.
Child Support and Spousal Support Family Law Proceedings in Ventura County, California
Conventionally, a child’s parents are responsible for their upkeep regardless of their marital status. Again, this is something you can negotiate directly with your spouse or battle out in court.
To decide the specific amount of child support, the court considers the following:
- Each parent’s earning capability
- How many kids do you have with your spouse
- Each parent’s income
- How much time do you and your spouse individually spend with your kids
- Retirement contributions
- Support of children from other relationships
- Tax filing status of each parent
- Health insurance expenses
To find out the particular amount for your case, you can use the California Guideline Child Support Calculator.
Rules Guarding Spousal Support in Ventura County, CA
A spouse may pay spousal support to the other under the court’s order based on California Family Code, Sec. 4320. The court considers the following when deciding how much the lower-earning spouse is entitled to:
- Each spouse’s age and health condition
- The learning capacity, education level, and financial perspectives of each party
- Any history of domestic violence
- How long has the marriage lasted
- Each spouse’s separate property
There are also some additional terms based on California Family Code, Sec.4320, 4324, 4330.
Getting a DIY Ventura County, CA Divorce
Now that you know what it looks like to get a divorce in Ventura County, CA, it is time to discuss how to do it. If you live in Ventura County and want to save money completing your divorce, you may be looking for a Ventura County divorce self-help center to help you.
A quick online search will usually direct you to the Ventura County Court’s Self-Help Center. You can visit the Ventura Superior County Law Library located in the Hall of Justice at 800 South Victoria Avenue Ventura. Its business days run from Monday-Friday. The Superior County Courthouse (not the City Hall) also has a customer care center for any queries.
However, the Ventura County divorce civil self-help center at the courthouse may not be the best option for everyone. It typically mandates substantial tenacity and patience, requiring multiple trips to the courthouse, and early morning rises to get to the front of the line. Further, you must prepare all the required legal forms yourself, a daunting task for many people.
If you’d rather skip the lines and do everything using your own hosting service providers and one initial purchase, A People’s Choice may be a better option for you. We offer family law self-help services by assisting you with your legal documents.
Get a Divorce in Ventura County, CA with A People’s Choice Online Service
Stop staring at your blank forms. A People’s Choice is a Ventura County divorce self-help service that provides all the divorce documents you’ll need. People who use our divorce self-help personal service enjoy the peace of mind that they will quickly complete their divorce form packets stress-free.
Get help with your California legal documents today. A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney. We also handle a variety of other civil legal matters, including class actions, intellectual property rights, a notice of appeal documents, and much more through our family of sites, including iancorzine.com. Get help with this overwhelming family law matter today so you can move on with your life.
im helping my friend who has been divorced for many years. His income has changed significantly and he would like to go back to get his spousal support reduced and to file a qdro. Please advise on how we can go about starting this process. Thank you
A party can typically file a Request For Order to modify spousal support unless the order, by its terms, specifically states it is not modifiable. To start the process for spousal support modification and preparing a QDRO, you can use our convenient online interview process accessed here https://www.apeopleschoice.com/contact-form/ or call us at 800-747-2780 to schedule an in person or telephone appointment.