How Do I File for Divorce in Kings County, California?

Retaining a lawyer is advised when you want to end your marriage.

In California, divorces are granted on only two legal grounds. Either the spouses cite "irreconcilable differences" that cannot repair the marriage, or a spouse has "incurable insanity." In the case of the latter, one spouse must prove the other's insanity. Before filing for divorce in Kings County, one or both members of the couple must have lived in the county for at least three months and must have been a resident of California for at least six months.

Difficulty:

Moderate

Instructions

Things You'll Need

• Pay stubs
• Tax and financial information
• Self-addressed, stamped envelope

1. Visit the Kings County Superior Court website at kings.courts.ca.gov to download the forms for the dissolution of marriage. Click on "Fees and Forms," and then "Forms/California Court Forms." Choose "Family Law--Dissolution, Legal Separation and Annulment--FL 100-199" from the drop-down menu.

2. Download and complete the forms. In compliance with California Rules of Court, all documents must be legible and either typed or printed.

3. Contact a lawyer specializing in family law to guide you through the divorce proceedings. If you do not have a family lawyer, you can find one by using referrals from friends or colleagues, or by looking in the phone book or online for recommendations. You can also represent yourself in your divorce proceeding.

4. Go to the county law library and familiarize yourself with California's legal processes, including the Family Code, the rules for Kings County court and the Code of Civil Procedure; this is particularly important if you intend to represent yourself.

5. Contact a family law facilitator if you need assistance understanding court procedure. The family law facilitator will not represent you in your divorce case, but will provide education and guidelines for you. Bring a valid photo ID, your three most recent pay stubs, copies of any court documents pertaining to your divorce and any other tax or income information. Stamps and envelopes may also be needed. Information about family law facilitators is available on the Kings County Superior Court website.

6. File your petition for divorce with Kings County Superior Court. As of August 2010, the fees for filing for divorce were $355. Deliver them to the Kings County Government Center in person or by mail. If you want a copy of your filings, include in your packet a self-addressed envelope with postage.

   Family Law Filing Counter

   1426 Sound Drive

   Hanford, CA 993230

7. Finalize your divorce six months after you have completed your filing by receiving a signed judgment from the court. Your divorce can be finalized by written agreement, trial or by default if the other party doesn't respond. If your spouse defaults on your request, you will need to have a lawyer prepare a judgment. If your spouse grants you a divorce uncontested, if your spouse files a response but disputes your motion or if you contest your spouse's filing, you will need to contact an attorney.

Tips & Warnings

• If your spouse doesn't live in California, he can object to the state's jurisdiction. This may prevent the court from making any motions on your divorce case. Seek legal counsel if your spouse lives outside the state.

• All paperwork sent to the court for filing must have a standard two-hole punch at the top of the document.

References

• Superior Court of California, County of Kings: Divorce/Legal Separation/Annulment
• Superior Court of California, County of Kings: Fees and Forms

Resources

• Kings County Family Law Facilitator