How to File for Divorce in San Diego
Filing for divorce in San Diego requires the preparation of many forms. The type of forms you will need to prepare will depend on whether you divorce is default, uncontested, or contested. Default divorces are relatively straightforward to complete. The complexity of contested divorces usually require the assistance of a divorce attorney to finalize the judgment. Below is an overview on how to get the divorce process started in San Diego County. Contact us to learn how our San Diego Divorce Attorney can help you complete your default or uncontested divorce. Read on to learn more about how to file for divorce in San Diego.
1. Meet San Diego Divorce Residency Requirements
To file for divorce in San Diego County, you must first meet residency requirements. Either spouse must have lived in the State of California for six months and lived in the county for three months before filing for divorce in that county. If you do not meet the residency requirements, you can file for legal separation first and then revise your petition to ask for a divorce after the residency requirements are met. You must indicate whether you meet California residency requirements in FL 100 Petition for Dissolution. Contact us if you are unsure as to whether you satisfy California’s divorce residency requirements.
2. File the Petition for Dissolution
To file for divorce in San Diego County, you must fill out many forms. Check out our detailed videos on how to complete divorce forms. It is important that your forms are accurate. Complete the following forms to file for default or uncontested divorce:
Petitioner with Minor Children
- Petition for Dissolution of Marriage Form FL -100. This form is needed to request to file for divorce in San Diego County. This form outlines the major issues and orders you are asking for in your divorce.
- Summons Form FL – 110. This form provides notice to the respondent that you are requesting a divorce. It advises the respondent that he or she must respond to your divorce petition within thirty days. It also places specific restrictions on the respondent.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Form FL-105/GC-120. This form establishes your children’s residency for the past five years.
- Proof of Service of Summons Form FL-115. This form is completed and filed with the court after the respondent has been personally served the above referenced documents by an adult who is 18-years-old and not a party to the matter.
- Notice and Acknowledgement of Receipt Form FL-117. This form is required when you seek to serve forms FL-100, Fl-110, and FL-105 by mail to the respondent.
- Income and Expense Declaration Form FL-150. This form must be filed with the court. It lists all your earnings and expenses.
- Schedule of Assets and Debts Form FL-142. This form lists all the real and personal property you own and your outstanding debts.
- Declaration of Disclosure Form FL-140. This form must be filed with the court and served on the respondent. By signing this form, you declare that you have completed full financial disclosures.
- Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration Form FL-141. This form is filed with the court evidencing you have provided full financial disclosures.
Petitioner without Minor Children
- Petition for Dissolution of Marriage Form FL -100
- Summons Form FL – 110
- Proof of Service of Summons Form FL-115
- Notice and Acknowledgement of Receipt Form FL-117
- Income and Expense Declaration Form FL-150
- Schedule of Assets and Debts Form FL-142
- Declaration of Disclosure Form FL-140
- Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration Form FL-141
Respondent with Minor Children
- Response to Petition for Dissolution Form 120
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Form FL-105/GC-120
- Proof of Service of Summons Form FL-115
- Income and Expense Declaration Form FL-150
- Schedule of Assets and Debts Form FL-142
- Declaration of Disclosure Form FL-140
- Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration Form FL-141
Respondent without Minor Children
- Response to Petition for Dissolution Form 120
- Proof of Service of Summons Form FL-115
- Income and Expense Declaration Form FL-150
- Schedule of Assets and Debts Form FL-142
- Declaration of Disclosure Form FL-140
- Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration Form FL-141
Complete the applicable above referenced forms to file for divorce in San Diego. Upon filing for divorce, you can request temporary orders for child support, child custody and visitation, or spousal support. You can also conduct discovery to obtain more information about your spouse’s finances.
Filling an uncontested divorce is the quickest and cheapest way to end your marriage in California. There are plenty of divorce alternatives available for parties looking to end their marriage in a discrete manner.
How to Avoid Going Into Debt During a California Divorce
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