How do I File for a Divorce in San Diego?
- 1). Discuss divorce types with your attorney or spouse, and decide which is most suitable to your circumstances. The most common is a regular divorce, but a summary dissolution is also an option if you have been married less than five years, have no children or property, owe less than $4,000 in joint debts, and both parties agree to never receive spousal support, and there is a signed agreement to this effect.
- 2). Visit a Family Law Courthouse and ask for forms FL-100 and FL-110. If you have children, you will also need FL-105, and FL-160 lists joint properties and debts. If you are unsure what forms you need, ask the clerk for help.
- 3). Fill in the forms according to the instructions. These are usually straightforward. As of August 2010, you pay $320 for a divorce, which is usually payable when the forms are filed.
- 4). Serve the papers. One copy will need to be served to the court, and one to the other party. If you do not wish to serve the papers to your spouse yourself, you may get a friend or relative over the age of 18 to do it on your behalf, or pay the county sheriff.
- 5). Fill out an FL-115, which is a proof of service form, and your spouse must complete a FL-117 form.
- 6). Complete any relevant disclosure forms. FL-140 lists preliminary disclosures, and FL-150 is an income/expenditure list form. FL-142 is a list of debts and assets. These forms must be returned to the court with the service forms.
- 7). Agree on a settlement with your partner. If the partner does not respond, file a FL-165 form, which allows the judge to make a decision. You will need to attach an FL-150 to this form as well if you would like to claim for spousal or child support. If you have an agreement, file an FL-130 form.
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