• how to file divorce in san diego county

How to File Divorce in San Diego County

Are you looking to file divorce in San Diego County? No matter where you file for divorce, the process requires preparing many forms. Below is an overview on how to get the divorce process started in San Diego County. You may be planing to file for divorce in San Diego County and want to represent yourself. Using the services of A People’s Choice is an inexpensive way to get through the divorce process. Contact us if you need help in preparing your divorce documents. We can draft and file all the required documents on your behalf to complete your San Diego County divorce. Read on to learn more about how to file for divorce in San Diego County.

Residency Requirements to File Divorce in San Diego County.

If you want to file divorce in San Diego County, you must first meet certain residency requirements. In order to meet the residency requirements, you or your spouse must have lived in California for six months and lived in San Diego County for three months before filing your divorce. If neither of you do not meet these residency requirements, then you may not be able to file divorce in San Diego County.

“I want to personally thank the staff at A People’s Choice for making my divorce process so simple and painless . From my 1st contact in the office, the staff was warm and friendly and took the time to explain each step in a very simple and quick manner. “C. Hannon
“Filing for a divorce can be a difficult and painful process and the staff was extremely professional and clear in their guidance and explanations.
I highly recommend A People’s Choice .”
C. Hannon

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Forms Required to File Divorce in San Diego County

As mentioned above, when you file divorce in San Diego county, you must complete many forms. A People’s Choice offers low-cost, self-help services for people who want to file divorce in San Diego County. In addition to preparing the San Diego divorce forms, our office facilitates filing the documents with the San Diego Superior Court as your divorce proceeds through the various steps.

  1. Petition for Dissolution of Marriage – Form FL -100 – This first form outlines the reason you are asking for a divorce and gives the court a basic understanding of the issues.
  2. Summons Form FL – 110 – This form gives notice to your spouse that you are asking for a divorce. It also outlines certain actions that are prohibited by either party now that a divorce case has been started. Lastly, it tells your spouse that they have 30 days to respond to the divorce petition.
  3. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Form FL-105/GC-120 – This form is only required if the parties have minor children. The form provides information about with whom and where the children have lived during the past five years.

Where to File Divorce in San Diego County

The San Diego Superior court has several locations. With this in mind, where should you file your divorce case?  The proper court for various San Diego legal filings and court services depends on several factors:

  • Where you live (for example, in which court area or jurisdiction you live)
  • Where the legal issue occurred (for example, in which court area or jurisdiction it happened)
  • Where the court provides the services you need

When filing divorce in San Diego, family law matters are held at the following courthouses:

The Central Courthouse, 220 West Broadway, San Diego, CA 92101
The Family Law Court Building, 1555 Sixth Avenue, San Diego, CA 92101
The Madge Bradley Building, 1409 Fourth Avenue, San Diego, CA 92101
The North County Regional Center, 325 South Melrose Dr., Vista, CA 92081
The East County Regional Center, 250 East Main Street, El Cajon, CA 92020
The South County Regional Center, 500 3rd Avenue, Chula Vista, CA 91910

You should file your case in the courthouse that covers the area where you live. For example, if you live in Alpine, El Cajon or Lakeside, your divorce case will be heard in the East County Regional Center. On the other hand, if you reside in the city of Chula Vista, your divorce case will be heard at the South County Regional Center courthouse. Refer to this handy zip code list for reference to make sure you file in the correct courthouse.

Serving Your Spouse in Divorce

You will need to have your spouse served once you have filed your divorce with the San Diego Court. To show the court that your spouse was properly served, the following forms can be used.

  1. Proof of Service of Summons Form FL-115 – This form is completed and filed with the court after your spouse has been served the Summons, Petition and UCCJEA form (if applicable). The document must be completed by someone who is 18-years-old and who is not a party to the matter.
  2. Notice and Acknowledgement of Receipt Form FL-117 – In most of our cases, the parties are cooperating with each other. In this case, this form can be used to mail the divorce documents to your spouse. Your spouse can then simply sign the document and return it to you. Their signature acknowledges their voluntary acceptance of the divorce paperwork.

The Requirement of Financial Disclosures in Divorce

Under California law, the party seeking the divorce must disclose their financial situation and circumstances. Both parties will be required to complete this step if the parties are signing a Marital Settlement Agreement. The following documents are required to comply with the financial disclosure requirements when you file divorce in San Diego County.

  1. Income and Expense Declaration Form FL-150 – This form identifies all sources of income as well as your monthly living expenses.
  2. Schedule of Assets and Debts Form FL-142 – This form lists all personal and real property you own. The form also identifies all outstanding debt such as taxes, loans and credit card debt.
  3. Declaration of Disclosure Form FL-140 This form is the cover page for the two forms mentioned above. These three forms, when stapled together, become your “financial disclosure package”. You must then mail or serve your spouse with these documents. Afterwards, this form, once signed and filed, confirms you have completed this step of the process.
  4. Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration Form FL-141 – The first three forms in this list are not typically filed with the court. This form is filed with the court after your financial disclosure package has been served on your spouse. In other words, this form tells the court that you have provided and complied with the financial disclosures requirements.

Completing Your San Diego County Divorce

When you file for divorce in San Diego County there are many other forms that will be required to complete the process. Once you have filed your divorce, you can use the San Diego Superior Court’s Family Law Registrar of Actions portal to keep track of your case. In most of the divorce cases handled by A People’s Choice, the parties settle all the issues by signing a Marital Settlement Agreement. Sometimes, however, the parties cannot agree and other actions may be required. For example, once you have filed divorce, you can ask the court to make temporary orders for child support,child custody and visitation, or family or spousal support. You can also conduct discovery to help you learn more information about your spouse’s finances. Contact A People’s Choice for more information about how to file divorce in San Diego County. We can help you prepare all the forms you need to file for divorce and save you thousands of dollars.

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By |2018-01-18T15:46:00+00:00December 3rd, 2017|Family Law|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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