How to Get a California Divorce Decree

Obtaining a divorce in California is fairly simple. There are certain requirements that one or both parties must meet in order to obtain the divorce. Once all required paperwork has been filed and the divorce trial is complete, a judge will sign off on the divorce decree.

Things You'll Need

• Petition for dissolution of marriage
• Financial affidavit
• Lawyer (optional)

Instructions

1. Ensure that either you or your spouse meet the California residency requirements. In California, you or your spouse must be a California resident for at least six months before you're able to file for divorce. You will also need to be a resident of the county you are filing in for at least three months.

2. Hire a lawyer, if you so desire. A lawyer will not only help you complete all necessary forms, but can also help to protect your rights. The lawyer will file the required forms and represent you in the divorce trial.

3. Obtain the petition for dissolution of marriage, which is the official form needed in California to file for divorce. Your lawyer will normally have this form for you, or you can pick one up at your county clerk's office. Fill out the required information and turn in the completed form at the county clerk's office.

4. File a financial affidavit if there are financial assets that must be divided. List any financial obligations, personal assets and liabilities. Be as thorough as possible.

5. Ask your lawyer to file the correct motions if there are children involved and you are seeking child support. Your lawyer will also need to file motions for alimony, if necessary. Once complete, the motions will be submitted to the court.

6. Wait for the judge to review all of your submitted forms and motions. Once he has done so, you will be granted a divorce. The time from from start to finish will vary depending on the factors involved in the divorce. Division of assets, children, child support and alimony can lengthen the divorce trial.

Tips & Warnings

• Keep a copy of all forms for your personal records.

• Coming to an agreement on the details of the divorce with your spouse will speed up the process.

References

• California Courts Self-Help Center: Introduction to Divorce, Legal Separation & Annulment

Resources

• Divorce Law: California Divorce