Completing The Divorce Process

The instructions and forms used by you to end your case is dependent on whether case respondents have filed the necessary response and whether you and your domestic partner or spouse have an agreement concerning the ending of marriage, support issues, dividing property and debt, and also visitation and child custody.

You have to complete a number of forms, and it can turn out to be extremely complicated in the case of inclusion of child custody and child support orders.

If you file the case

Do understand that you have to fill a number of forms to complete all through the court process. This could turn out to be extremely complicated. The level of complexity increases if you want the inclusion of support orders, property division orders and child custody orders.

The first step is to fill out the court forms. What you fill in can affect the case outcome. It is thus important to be complete and accurate. This can be important if you believe that there can be disagreements between you and your partner concerning issues which the court forms ask you to fill in. Have the forms reviewed after you complete them. You may have to fill out local forms if needed.

The second step is to file the forms with Court Clerk. Turn in both originals and copies. In case they have no obvious errors, the original forms will be taken by the clerk and the copies returned to you. There will be a “filed” stamp.   You will also have to pay a certain filing fee. In case you find the fee unaffordable, it is possible to have a fee waiver.

The third step is serving the first set of all the court forms. As per the law, your domestic partner or spouse must be told that you have initiated legal process for annulment, legal separation or a divorce. To make this possible, it is compulsory for you to serve your domestic partner or spouse with the copies of all court papers. The fourth step and subsequent steps involves you filling out and serving the financial disclosure forms. Then you have to wait on whether your partner or spouse responds to your petition.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.