The Basics of Filing for Divorce in San Diego

Divorce

To begin the process of filing for divorce in San Diego County, you will need to file a Summons (FL-110), and a Petition for Dissolution of Marriage (FL-100). If you have children, you will also need to file a Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (FL-105).  The cost for filing a divorce case is $435.00.

After you file and have the Summons and Petition served on the responding party, you will need to file a Proof of Service of Summons (FL-115). Within 60 days of filing your case, you will also need to complete your preliminary financial disclosures. These forms include: Income and Expense Declaration (FL-150), a Schedule of Assets and Debts (FL-142), and a Declaration of Disclosure (FL-140). 

After serving these forms and the required documents on the responding party, you will then need to file a Declaration of Service of Declaration of Disclosure (FL-141) and Proof of Service by Mail (FL-335) or Proof of Personal Service depending on how you serve the other party. 

Where to File for Divorce in San Diego

In San Diego County, where you live will determine at which court you need to file your case. When filing for divorce in San Diego County, here is a list of locations to do so:

Costs to Petition the Court

The basic fee to file a court case in San Diego County is $435.00. The same fee is paid by the Respondent when she/he files a Response to the Petition. If you are also requesting a court hearing, that fee is $60.00.

While the fee to file a petition is a one-time fee, anytime you file a request for a hearing you must pay the current fee(s). If you can’t afford to file the $435.00 fee to open a case, you can also submit forms to request a fee waiver. This waiver, if granted, will allow you to have all fees or partial fees waived, subject to the judge’s discretion.

If you need help filing for divorce in San Diego, JWB Family Law is ready to help with a qualified team of legal experts. Contact us today to schedule your free 30-minute consultation.

The Importance of the CFLS Designation

A Certified Family Law Specialist, or CFLS, is an attorney who has obtained certification in the standards of California family law and demonstrated optimal legal competence. Attorneys who obtain this certification have specific expertise in all aspects of family law, which includes divorce or the dissolution of marriagechild and spousal support, child custody, and temporary restraining orders, among other areas of emphasis.

Not every attorney practicing family law has obtained this certification. In fact, the designation remains relatively rare—there are fewer than 2,000 CFLS attorneys in California and fewer than 200 in San Diego.

Surviving a second divorce

Finances tend to be more complicated as second divorces generally happen later in life when folks have accumulated more assets.

California divorce rates and facts

Recent divorce studies found that disagreeing about finances on a regular basis, lacking a college education, when one or both spouses are alcoholics, and being in a low income bracket are all linked with a higher divorce rate.

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