How to File for Divorce in San Diego: Forms Needed
In San Diego, California, divorce is called a dissolution of marriage, and in order to properly file a divorce you need to meet residency requirements and prepare many different forms. In order to file for divorce in San Diego County, you or your spouse must have been living in California for at least six months and living in San Diego County for at least 3 months leading up to the date you file. If neither you or your spouse meet these requirements, you may not be able to file for divorce in San Diego County, California (However, you may be able to file for a legal separation – Contact us for more information on this.) If you meet the residency requirements, you will need to prepare a variety of forms before going to court for your California divorce. Here is some basic information on the various forms you need to prepare in order to file for a divorce/dissolution of marriage in San Diego.
Divorce Forms Needed in San Diego County
Petition for Dissolution of Marriage/Domestic Partnership - Form FL-100
Preparing this form is the first step in preparing to file for divorce in San Diego County. Only one party in the marriage or domestic partnership can file a petition for dissolution, even if the decision to file the divorce is mutual. On this form, you give the court information about your length of marriage, any children of the marriage, division of property, etc. You also request orders you want the court to make on the issues listed in the form. It is very important to make sure you complete the form correctly, or you could possibly waive certain rights to ask for things from the court. You also may want to object to the court's jurisdiction over property, such as a military pension (Contact us for information on this type of issue). We strongly recommend that you consult with your San Diego Divorce Attorney if you have any questions on specifics related to the requests you should be making in your petition based on your individual circumstances.
Summons - Form FL-110
This form tells your spouse or domestic partner that you have filed a court case (yes, it is a lawsuit!) It lays out what will happen if he or she does not respond within 30 days. It contains important information for both you and your spouse regarding the divorce process. This form contains some standard restraining orders that limit what you can do with your assets during the divorce process, including property, money and debts. It also prohibits either party from taking your children out of the state for any reason during the divorce process, unless you get a court order or written permission from your spouse. It also has the effect of restricting both parties from applying for a new passport for any of your children without the prior written consent of the other spouse or a court order.
Proof of Service of Summons - Form FL-115
This form is necessary to prove that you served the Summons to your spouse. There are two ways to serve your spouse, the most common is personal service. This is when somebody other than yourself, over the age of 18, physically hands a copy of the paperwork to your spouse. The other way to serve divorce papers to your spouse is by mail utilizing a notice of acknowledgement and receipt. This second option is less-invasive and typically a nicer way to serve your spouse. This method is better when both parties are on amicable terms, however, you need to trust that your spouse is responsible enough to sign the document and send it back to you in order for it to be legally legitimate. With this form, the state of California recognizes that your spouse was served with divorce papers and it starts the clock. In California, it takes a minimum of 6 months from the date your spouse is served divorce paperwork before your marital status can be dissolved (i.e. terminated), so it is very important to get things started if you want to be divorced sooner, rather than later.
Schedule of Assets and Debts (Form FL-142) or Property Declaration (Form FL-160)
These forms are required for listing out all your assets and debts. You will need to list out each item of property and each debt, as well as allege whether each is community or separate property. Our blog on divorce in the new year gets into what determines community vs separate property. Don’t hesitate to reach out if you have any questions on this matter.
Income and Expense Declaration - Form F-150
This form requires you to provide your specific information as to all income (earned and unearned) to the court and to your spouse. You will need to include a copy of your pay stubs for the last two months or a recent profit and loss statement if you are self-employed or own any rental property. Self-employed individuals need to make sure they are properly accounting for income and expenses…we have assisted many small and large business owners or their spouses in assessing business income/expenses…doing it properly and thoroughly is vitally important, as support figures and business valuations flow from an analysis of the businesses financials.
Declaration Regarding Service of Declaration of Disclosure - Form FL-141
This form lets the court know that you sent your required disclosure documents. This is the financial disclosure form you need to submit to the courts to let the court know that you have completed and provide your spouse with your mandatory financial disclosures. (Note: The court will not let you proceed to finalize your divorce until your financial disclosures are completed and provide to your spouse).
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act - Form FL-105
This form is necessary if you and your spouse have children under the age of 18. It includes basic information about you, your spouse, and your minor children. This form applies to children of the marriage, meaning a child who is biologically yours and your spouse's or a child you adopted together during your marriage. You will not include step-children or children from a previous relationship in this form. Although, there are more complicated scenarios where children may not be a biological child of one of the spouses, but the non-biological parent could be a “presumed” parent…we have handled many cases in this area, so please contact us if you would like more in-depth information.
Child Custody and Visitation Application - Form FL-311
This form is optional, but very helpful in ensuring you don't leave out any pertinent information in your custody and visitation requests. This form includes a lot of information on schedules for holidays and visits and has helpful information to consider while trying to figure out what is best for your child.
Most divorces are not simple. Most every form used in the process requires you to sign under penalty of perjury…accuracy, truth and defend-able assertions made in these forms is vitally important. Also note that there are filing fee's associated and these are basic divorce costs. You also need to ensure you have made the correct requests so as not to possibly forfeit a particular right, or fail to make a proper objection (e.g. lack of jurisdiction). It is important to act quickly and thoroughly prepare in order to increase your chances of a positive outcome for you and your children. There are many, many other documents that are not mentioned here as they are too numerous to discuss in this article. However, an experienced San Diego Divorce Attorney can guide you through all that is needed. We recommend that you work with a trusted San Diego Family Law Attorney with experience in cases similar to yours so that you can feel confident you are handling something as important as your divorce proceedings in the best possible manner. If you are getting ready to file for divorce or have any questions about the process, don't hesitate to reach out to our team . We are here to help you move on easier.