How to Do My Own Divorce in Calfornia
You can file for a divorce in California as long as you have lived in California for at least six months before filing, and at least three months in the county you in which you wish to file. If you and your spouse agree to the divorce, and have child custody and marital property agreements, you will be able to do an uncontested divorce. If you and your spouse disagree, you will have to go to trial and let a judge sort out your differences.
Other People Are Reading
Instructions
-
-
1
Go to the superior court clerk's office in the county where you live.
-
2
File the petition-marriage form that lists the dates of your marriage and separation, your children, property, and marital debts. File the summons that gives your spouse notice that you have filed for a divorce. If you have minor children with your spouse, file the declaration of child custody form that details who the children live with. All of these forms are available from the court clerk. Make three copies of each form.
-
-
3
Pay the filing fee or apply for a fee waiver. Fees vary from county to county.
-
4
Serve your spouse with the petition and summons. You are not allowed to serve your spouse. Hire a professional process server or have the sheriff serve your spouse.
-
5
Prepare for the hearing by gathering evidence to support your case.
-
6
Attend the hearing. You and your spouse will present evidence to the judge in a contested divorce. The judge will rule on the issues and sign your judgment of divorce decree.
-
1
Tips & Warnings
Consult an attorney to protect your rights.
