Question from Erica, What are the steps to file for divorce in California without children?
Answer from AI:
In California, the process of filing for divorce can be complex, but it can be simplified if there are no children involved. Here are the general steps you might take:
1. Determine if you meet the residency requirements
In California, you or your spouse must have lived in the state for at least six months and in the county where you plan to file for at least three months before filing a divorce petition.
2. File a Petition for Dissolution of Marriage
You will need to complete and file a Petition for Dissolution of Marriage (Form FL-100) with the court in the county where you or your spouse resides. This form asks for information about your marriage and what you want the court to order in terms of property division, spousal support, and other matters.
3. Serve the divorce papers
After you file your petition, you must serve a copy of the petition and a summons to your spouse. This can be done by a sheriff, a professional process server, or anyone over 18 who is not part of the divorce case.
4. Wait for a response
Your spouse has 30 days to respond to the divorce petition. If they do not respond, you may be able to get a default judgment.
5. Negotiate a settlement or go to trial
If you and your spouse can agree on all issues, you can submit a written agreement to the court. If you cannot agree, you may need to go to trial.
6. Obtain a final judgment
Once all issues have been resolved, the court will issue a final judgment ending your marriage.
Please note: This is a simplified overview of the process. Divorce can be a complex legal matter, and it’s recommended that you consult with a legal professional for personalized advice.
For more detailed information, you can visit the California Courts Self-Help Center. This resource provides comprehensive information about the divorce process in California, including forms, instructions, and additional resources.
Remember, every situation is unique and this information should not be considered as legal advice. Always consult with a legal professional to understand your rights and the best course of action for your specific circumstances.