How Can I File My Divorce Papers in California?

Some California marriages end in divorce.

Some 80 percent of adult Americans will marry during their lifetimes and, according to the Barna Group, at least a third of those who marry will divorce. California courts make the divorce process easier by clarifying requirements and procedures on their websites, as well as providing necessary forms. When you have decided to get a California divorce, have prepared the necessary papers and need to file them, head for the appropriate superior court.

Things You'll Need

• Completed first set of divorce papers, state and local
• Filing fee

Instructions

1. Determine whether you are eligible to file for divorce in California. Either you or your spouse must have lived in California for six months before you are able to file for divorce in the state. If neither of you fulfill this requirement, you must wait to file California divorce papers.

2. Determine in which California counties you are eligible to file. You may file in the county in which you live, if you have lived there for at least three months. Alternatively, you can file in the county in which your spouse lives if he has lived there for at least three months. If neither of you have lived in a county for three months, you must wait to file your California divorce papers until one of you meets this requirement.

3. Find the address and business hours of the California superior court in your county. This information is available from the court website.

4. Make three copies of your forms to take with you to the courthouse. One of these will be used to serve your spouse.

5. Take your original papers and your copies to the court during business hours, together with the filing fee. Give the papers to the clerk for review. If the clerk finds no obvious errors, she will accept your original papers for filing, file-stamp the copies and return them to you. Pay the filing fee to the clerk or, if so directed, at a separate cashier's window.

Tips & Warnings

• Filing fees vary between counties and some courts. Most are listed in a fee schedule on the country court's website. Check with the court in question to see what types of payments are acceptable.

• Check with the county court to be sure you have completed necessary local forms as well as state forms. Otherwise, your filing might not be accepted.

References

• California Courts Self-Help Center: Divorce, Legal Separation & Annulment
• The Barna Group: Marriage and Divorce Statistics

Resources

• California Courts Self-Help Center: List of Superior Courts in California