How to File for Divorce in Nevada County
Most couples can file for divorce in Nevada County without an attorney. If your divorce is uncontested, you can obtain a divorce without spending thousands of dollars in lawyer fees. Below is an overview of the divorce process in Nevada County, California.
Contact SD Esquire for more information about our flat fee uncontested divorce service. Read on to learn more about how to file for divorce in Nevada County.
Nevada County Divorce Overview
California requires that at least one spouse has lived in California for the past six months, and if you are filing in Nevada County, one spouse must have lived in Nevada County for three months in order to file for divorce.
There are two courthouses in Nevada County that handle family law cases- Nevada City located at 201 Church Street and Truckee located at 10075 Levon Avenue. The jurisdiction for the Truckee courthouse includes Truckee and all areas of Eastern Nevada County east of the I-80 and State Highway 20. All others should file in Nevada City. You can file based on your residence or your spouse’s.
Once you satisfy California’s divorce residency requirements, the next step is to complete the required dissolution of marriage forms. Fillable forms can be found on the California Courts website at https://www.courts.ca.gov/1230.htm.
California requires a Petition- Marriage/Domestic Partnership (FL-100). This form is fairly easy to complete. The form asks for you to list all assets and debts you believe are separate property and all assets and debts you believe are community property. Unless there are very few assets, this will require you to attach a Property Declaration (FL-160) to the filing. The court also requires a Summons (FL-110) to inform your spouse of you filed for divorce and he/she has 30 days to respond; a Proof of Service (FL- 115) which tells the court you served the papers on your spouse. If you and your spouse have children, the court requires Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) which informs the court of the current custody arrangements. There is also an optional form, Child Custody and Visitation (Parenting Time) Application Attachment (FL-311) that allows you to propose a custody and visitation arrangement. There are additional forms if you are seeking child support or spousal support.
If you need help with beginning your divorce proceeding, the Family Law Facilitator’s Office offers assistance to people who do not have an attorney. You can call the Family Law Facilitator’s office at (530)470-2594 with questions and someone will get back to you within a week. You can also get help in person at the Truckee courthouse on the last Friday of the month from 9-1:30. For in-person help, no appointment is needed. The Family Law Facility’s office can help you fill out the required forms or can review your forms to ensure they are filled out correctly. The Family Law Facilitator’s office does not offer legal advice, and anything discussed with the staff is not confidential.
Once the forms are filled out correctly, they are ready to be filed. There is a $435 filing fee, which can be waived if you meet income requirements. Court documents can be filed in person, by mail, or by dropbox. Once the divorce is filed, it will take a minimum of six months before the divorce can be finalized, but may take longer depending on the complexity of the issues and the contentiousness of the couple.
There are additional forms you must complete to obtain a divorce judgment.
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