How to File for Divorce in Alameda County

Filing for divorce in Alameda County is a relatively straightforward process for default and uncontested divorces. There are two family law court locations in Alameda County. All divorce documents must be filed at the Hayward Hall of Justice located at 24405 Amador Street, Hayward, CA 94544. Cases requesting the issuance of a protective order (domestic violence) may also be filed at the Rene C. Davidson Courthouse.

You or your spouse must have resided in California for at least one year and in Alameda County for at least three months before filing for divorce. Read on to learn more about how to file for divorce in Alameda County and how SD Esquire can represent you in your uncontested divorce.

Alameda County Divorce Forms

Before you file for divorce in Alameda County, you must first meet the residency requirements as mentioned above. There are many forms you have to complete to file for divorce and obtain a divorce judgment. One spouse files for divorce and the other spouse responds to the divorce filing. It does not matter which spouse files for divorce first. You must complete the Petition- Marriage/Domestic Partnership (FL-100) and Summons (FL-110) which will inform your spouse that you have filed for divorce. If you and your spouse have children, the court requires you to complete the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) to inform the court of your current custody arrangement.  Complete form Child Custody and Visitation (Parenting Time) Application Attachment (FL-311) to propose a custody and visitation arrangement.

Have an independent third party over the age of 18 serve your spouse with the filed court forms and FL  120. Your spouse will have 30 days to respond to the petition. The process server must complete  Proof of Service (FL- 115) which tells the court you served the papers on your spouse. Check the court’s website to see if you need to complete any local forms. Review the local court rules for more informaiton.

You will have 60 days to serve your spouse with financial disclosures after serving him/her with the divorce petition. You will have to complete a handful of final judgment forms. The forms you complete will depend on the type of property you are dividing with your spouse and whether you are seeking financial assistance. Alameda County has self-help resource centers that can help you complete the forms you need to file for divorce.

Alameda County Divorce Filing Fees

There is a $435 filing fee which may be waived if you meet the minimum financial guidelines  You can file your court documents in person or by mail. There is a minimum six month waiting period from the time the petition is served on the respondent until the divorce can be finalized. Your case may take longer depending on its complexity.

California Divorce Checklist

Download our detailed checklist on how to file for and complete your California divorce.
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Note, courts adjust case filing fees on an annual basis. You can also expect to pay process server fees after filing your case. Process server fees range between $75 – $150 for same day process service (includes 2 – 3 attempts).

SD Esquire Flat Fee Divorce Service

SD Esquire provides flat fee uncontested divorce services. We will prepare the legal documents you need to file for and complete your divorce.  This includes preparing and filling your divorce petition, completing your financial disclsoures, and drafting your marital settlement agreement (MSA). Our uncontested flat fee divorce service starts at $1500 for standard divorce (you are responsible for paying court filling fees).  The fee also includes service of process fees. You can make installment payments as your case progresses. It costs $500 to start your matter. Sign up today to get started.

California Divorce Quick Start Guide by Kym Morris, Esq.
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