How to File for No Fault Divorce in California

Divorce is the legal process through which a married couple can end their marriage permanently. It involves the division of assets, debts, and responsibilities between the spouses. People seeking divorce often face emotional, financial, and legal challenges.

Unique Aspects of People Considering Divorce

Individuals contemplating divorce may be dealing with a variety of issues such as communication breakdown, infidelity, financial disagreements, or irreconcilable differences. They seek a legal separation to move forward with their lives.

Nuances in Filing for No Fault Divorce by State

Each state has its own laws regarding divorce. California is a no-fault divorce state, which means that neither spouse needs to prove fault (such as adultery or abandonment) to get a divorce. The most common ground for divorce in California is irreconcilable differences.

How to File for No Fault Divorce in California

Step 1: Residency Requirement

At least one spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months.

Step 2: Fill Out Forms

Complete the required forms for a no fault divorce in California, including the Petition (Form FL-100) and Summons (Form FL-110).

Step 3: File the Forms

File the completed forms with the court clerk in the county where either spouse resides.

Step 4: Serve the Spouse

Serve a copy of the filed forms to the other spouse according to California's legal requirements.

Step 5: Financial Disclosure

Both spouses must exchange financial information and complete a Declaration of Disclosure form.

Step 6: Finalize the Divorce

Attend a court hearing where the judge will issue a judgment of divorce and any related orders.

Example Scenarios

• Scenario 1: John and Sarah have been married for five years but have drifted apart. They both agree to a no-fault divorce in California due to irreconcilable differences.

• Scenario 2: Lisa and Michael decide to divorce after discovering financial infidelity. They meet the residency requirements and proceed with a no-fault divorce in California.

For more information on filing for a no-fault divorce in California, consult with a family law attorney.

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