How to File a Divorce in a California Court

The California Courts have a program for do-it-yourself divorces.

The state of California has a streamlined process for married couples who want an amicable divorce. The state courts have a self-help system that details the requirements for obtaining a do-it-yourself divorce. The process is somewhat more complicated if there are issues of spousal maintenance and child support. Some basic requirements are that you have lived in California for the last six months and that you lived in the county where you plan to file the divorce for at least three months. If you don't meet the residency requirement, you can file for a legal separation and later request that a judgment of divorce be entered.

Instructions

1. Download the court forms from the California Courts website.

2. Complete the worksheets that detail the value of separate property and the worksheets for determining the division of community property. Sign the forms, make copies and give them to your spouse. Your spouse should also complete these documents and give you a copy.

3. Complete the worksheets that detail all community obligations and their division. Community obligations are marital debts for which both spouses are liable. Your spouse should also complete this document and give you a copy.

4. Complete the Income and Expense Declaration. Both spouses need to complete this form and exchange copies.

5. Prepare a property settlement agreement. This agreement details how property will be divided and who will take responsibility for which debts. You must type or print this form yourself. Both spouses should sign three copies.

6. Complete the Joint Petition for Summary Dissolution of Marriage. Both you and your spouse should sign the original plus two extra copies.

7. Create three sets of the Joint Petition and the settlement agreement and staple each set together to that there are three sets of the two documents.

8. Take all of the copies, along with the court's filing fee, to the clerk's office of the superior court closest to you.

9. Allow the six months waiting period to elapse.

10. Create two copies of the following blank forms: Request for Judgment, Judgment of Dissolution of Marriage and Notice of Entry of Judgment.

11. Take the forms and two self-addressed, postage-paid envelopes to the clerk of the court.

Tips & Warnings

• This article does not constitute legal advice. Consult with an attorney who is admitted to practice in your local area for questions about your specific situation.

References

• California Courts: Summary Dissolution Information
• California Courts: Self-Help Center
• California Courts: Residency Requirements