To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.
Before you start get familiar with a few key terms
The way you fill out these forms will impact the outcome of your case, so it’s important to do it correctly. The forms include some terms that may be unfamiliar to you. You can read more about these terms:
· Community and separate property
· Child custody and visitation
How to fill out a divorce Petition and Summons
· Confirm where you can file in California
To file for divorce in California, either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months.
This is known as meeting the residency requirement. You can file for divorce in any county where one of you meets the residency requirement. Check which county you could file in if you're not sure.
To file for a legal separation, one of you must live in California. There is no requirement for how long that person must have lived in California.
What if I don't meet the residency requirement, but want a divorce?
There are different rules or exceptions for domestic partners and same-sex couples. Learn more
Fill out forms:
o Petition — Marriage/Domestic Partnership -This form asks for basic information about your marriage and the type of orders you want the court to be able to make about things like spousal support and property.
o Summons (Family Law) The Summons tells your spouse that you've started a court case and that they have 30 days to respond.
Be sure to read the Summons. It has rules you must follow as soon as you file it.
If you and your spouse have children together, you will also need to fill out:
o Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) -You must fill out this form if your children are under 18. This form tells the court where your children were born and live and if there are any other court cases involving them.
There may be other forms to complete, depending on your specific situation.
On the forms, you're called the petitioner because you're the one starting the case. Your spouse is called the respondent.
There's a $435-$450 filing fee to file for a divorce. If you can’t afford the fee, you can ask for a fee waiver.
· Find out if you have any local forms to complete
Some courts have additional local forms they require you to use. Contact your court clerk’s office, check your court’s website, or talk to your Family Law Facilitator or Self-Help Center to ask if they have any local forms you need to use.
· Make copies of your forms
After you’ve filled out the forms and signed the Petition, make 2 copies of both forms. Once you’ve completed the forms and made copies, you’ll file them with the court.
INFORMATIONAL PURPOSES ONLY: The information is an overview and is intended for informational purposes only. For more information visit https://selfhelp.courts.ca.gov/divorce/start-divorce