You’re filing for divorce, or you’ve been filed on.  It’s all so confusing! First things first—what documents do you need to have on hand to get started?

If you want to file for a divorce (in California it’s called a Dissolution of Marriage), the first bit of divorce paperwork you will need is a Petition for Dissolution of Marriage, which must be filed and served with a Summons. A summons is a formal legal notice to the other marital partner that a court action has been initiated involving the marriage. If you have minor children from the marriage, another form called Declaration Under Uniform Child Custody Jurisdiction Enforcement Act (FL-105) is necessary.  

What About Custody and Visitation?

In cases involving children, one or both parents will likely want to establish court orders for child support and custody and visitation. This requires additional divorce paperwork to be filed and served.

However, unlike the Petition and Summons, these forms will give the parties a court date to get the process moving. Court fees cost several hundred dollars to file the petition.

A request for a hearing for child support, custody and visitation, spousal support, attorneys fees, and many other issues that might need to be addressed while the court case is pending. You might qualify for a fee-waiver, in whole or in part, which you can discuss with your San Diego Family Law Attorney.

Prepare Your Case

After you file the Petition and Summons, and any additional forms required, you will need to wait 30 days after the other party is personally served to find out if they are going to serve you with a response.

During this time, you should be collecting information and documents to prepare the financial disclosures (see Step 4 on this page) the court requires before it can issue a judgment of dissolution. If everything follows the 30-day timeline, both parties will submit divorce paperwork to the court and prepare and exchange financial disclosures.

After submittal, meaningful discussions can begin to settle issues that arise in every divorce:  dividing assets and debts; settling on spousal support, if appropriate; custody, visitation, and child support; and possibly, attorneys’ fees.

At the end, your goal is to make sure everything is equitably divided and that court orders to protect your interests and perhaps those of your children, are entered in a fair agreement or judgment of the court after trial.  

What Happens if I am Served Divorce Paperwork?

When you are the person being served, you will need to serve a Response to Petition for Dissolution within 30 days.  You can do this by mail and it does not need to be filed in court before you serve it. Be sure to include a Proof of Service by Mail that is signed and completed by someone over age 18 other than yourself. File the forms in court with the necessary fees.  

You should begin the process of preparing your financial disclosures right away, including:

  • bank statements
  • W2 forms and tax returns
  • Credit card statements, loan statements, mortgage statements
  • Titles to cars and boats or real property
  • Any documentary evidence of assets and debts that are part of the marital estate (acquired during the time of marriage and before separation).  

These preliminary disclosures, for both parties, are due within 60 days of the filing of the Petition.  

After exchanging preliminary disclosures, the parties to the marriage and their attorneys, if any are involved, can begin negotiating a settlement. With proper divorce paperwork preparation and good communication, these talks will lead to an agreement and no trial will be necessary.

Having an experienced and skilled San Diego family law attorney at your side is crucial to this process. We’re here to help. Feel free to contact JWB Family Law for more information about how to file divorce paperwork or any other family law issues in San Diego County.

Contact JWB Family Law Today

    Categories

    Connect With Us

                

    Contact

    San Diego Office
    1620 Fifth Avenue, Suite 600
    San Diego, CA 92101

    Phone: 619.234.6123

    Temecula Office
    43537 Ridge Park Dr, Suite 100
    Temecula, CA 92590
    Phone: 951.297.3871

    El Centro Office
    300 S Imperial Ave, #10
    El Centro, CA 92243
    Phone: 760.460.4608

                

    Family Code Section 2030 and Its Role in Alleviating Financial Struggles in Divorce

    Within the intricate landscape of family law, Family Code Section 2030 assumes a pivotal role by addressing the economic imbalances that often surface during divorce proceedings. Its primary objective is to ensure that both parties embroiled in a divorce have...

    Tips for Protecting Your Financial Interests During a Divorce

    Tips for Protecting Your Financial Interests During a Divorce   Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future...

    How to Divide a Community Property Home?

    When individuals go through a divorce, they often contemplate selling their home quickly to divide their community property funds swiftly—an action that can be potentially costly. It's crucial not to sell the house until a written agreement has been established and...

    Child Support for Children with Special Needs

    Many individuals experience an increased likelihood of divorce when their marriage involves raising a child with special needs, be it due to conditions like autism or other medical issues. This heightened risk of divorce can be attributed to the significant stress...

    Federal Laws & Procedures Impacting Military Divorce

    Several federal laws are relevant procedurally when one or both spouses in a dissolution proceeding are members of the military. Although not every Act applies to every case, it is good practice to be aware of the federal laws and procedures that may impact your...

    A Detailed Breakdown of the Divorce Procedure

    Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future financial stability. In this blog, we will discuss several essential...

    The Difference Between Contested & Uncontested Divorce

    Divorce is a significant life event that involves the legal termination of a marital union. It is a decision often accompanied by complex emotions, legal considerations, and a multitude of issues to be resolved. When pursuing a divorce and finding a divorce attorney...

    Common Mistakes to Avoid During Divorce Proceedings

    Divorce is a complex and emotionally challenging process that requires careful consideration and strategic decision-making. From navigating legal intricacies to managing the emotional turmoil, divorcing couples often find themselves overwhelmed and prone to making...

    Property Division in Divorce: What You Need to Know

    Divorce is a challenging and emotionally charged process, requiring careful consideration and resolution of various legal and financial matters. One critical aspect that often arises during divorce proceedings is property division.This encompasses a broad range of...

    How to Choose the Right Divorce Lawyer for Your Case

    Divorce is an emotionally challenging and legally complex process that marks the end of a significant chapter in one's life. When facing the dissolution of a marriage, it’s crucial to have the right legal representation by your side. A skilled and experienced divorce...