Law & Legal & Attorney Government & administrative Law

Divorce Laws in the State of California

    • Not all marriages in California end happily.mari??s image by JLG from Fotolia.com

      In order for a divorce or a dissolution of marriage to be legal in California, both parties must be California residents and file certain forms with the California courts. Divorce cases are designed to determine what happens to the community property within a marriage when that marriage comes to an end. Legal proceedings can also determine who gets spousal support and, if required, the amount of child support that must be paid by either spouse.

    Laws

    • Only California residents can file for divorce in California.wedding rings image by Antonio Oquias from Fotolia.com

      Anyone who wishes to obtain a divorce in California must first meet certain requirements. Either you or your spouse must be a California resident and have established residency for at least six months. Either you or your spouse must have been residents of the county the divorce is being filed in for at least three months. In the event that you and your spouse have established residency in different counties, then either county may handle the divorce. If you and your spouse have filed for a divorce and, before the case goes to court, opt not to get divorced, you must fill out and file a Request for Dismissal, also known as a Form CIV-110. However, only the person who filed for the divorce has the power to dismiss it.

    Forms

    • Before a divorce can get underway in California, certain forms must be filled out and filed with the court. A Form FL-105 informs the court if any children are involved in the divorce case and, if so, which spouse they have been residing with, if the parties live separate from each other. A Form FL-160 is designed to list all property related to the marriage, as well as any debt. A Form FL-110 is filed in order to alert your spouse that a divorce case has started. The Form FL-100 is the first form you must fill out to actually get the petition for a divorce on file. Low-income individuals who cannot afford the cost of filing their divorce papers may apply for a fee waiver. Different counties in California charge different amounts to file divorce papers.

    You Got Served

    • You may be served in person or through the mail in California.mail box image by Joelyn Pullano from Fotolia.com

      In California, a server is the person who actually informs your spouse that you have filed for a divorce. The server may personally hand a copy of the divorce papers you have filled to your spouse. The server has to be at least 18, and not involved with the case. The server then must fill out and file a Form FL-115 with the court to provide proof that your spouse has been informed. Servers can also notify your spouse through the mail. Whichever method is used, the person filing for the divorce cannot act as server.

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