Requirements to File Divorce When Both Parties Agree
First, to file for an uncontested divorce in California, the parties must meet residency requirements. What are the residency requirements in California? First, one spouse must have resided in California for at least six months before the filing. Next, that party must have been a resident of the county where the divorce is filed for at least three months. Remember, only one spouse must meet residency requirements to file a divorce in California.
Sometimes, a couple agrees to divorce but does not yet meet the residency requirements for California. If this applies to you, consider filing for legal separation. Legal separation allows a couple to define the date of separation and lets them move forward, separating financial and legal responsibilities. The parties can also agree on interim orders. Later on, it is possible to amend the legal separation petition to a petition for dissolution of marriage.
Second, you must identify your courthouse so you may file your divorce papers. Filing the divorce in the wrong court will be an expensive mistake. Go to the Superior Court’s website for your local county to get information on the location. Then, simply call the court clerk to obtain the address for filing your papers.
Required Documents for Uncontested Divorce
First, to file an uncontested divorce, you must complete and submit several documents. First, complete an FL-100 Petition. You will also need to file a UCCJEA form FL-105 if you have children. Furthermore, every divorce proceeding requires the court to issue a Summons FL-110, so make sure you prepare this document as well. Be aware, in addition to the standard Judicial Council documents, most courts require additional local forms to file and complete a divorce. After completing these initial forms, take one original and two signed copies to file at the clerk’s office. Then, the clerk will assign a case number, and you can serve the filed copy on your spouse. This starts the California divorce process.
Many people become frustrated when trying to complete an uncontested California divorce without any professional help. Even when the parties agree, the process can be difficult to navigate the many steps to complete their uncontested divorce. A People’s Choice can make the filing process much simpler, help you avoid errors and most importantly, avoid your documents being rejected. Contact us for help in completing these legal documents correctly so you can finish your divorce quickly.
Serving Your Spouse
First and foremost, you cannot mail the documents to your spouse yourself. In this regard, you must use a third party over the age of 18 to do so. Above all, include FL-117 in the package. This allows your spouse to accept service and acknowledge receipt of the documents voluntarily. Remember, your spouse has 30 days to file a response. In an uncontested divorce, it is not necessary for the spouse to file a Response. The parties can sign a formal written Marital Settlement Agreement which explains how they intend to resolve the various legal issues of their marriage. The final Judgement will incorporate this agreement and become a court order. This allows the case to proceed by default with an agreement and avoids the other party having to pay a separate court filing fee.
The final divorce judgment paperwork is tedious to complete. As a result, even parties who agree sometimes make mistakes. Avoid the court rejecting your judgment by using a professional like A People’s Choice to make sure the paperwork is filled out correctly. Contact us for more information about our legal document preparation service. We offer a variety of services to fit many different budgets. Call us today at 805-648-5540.
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