How to File for Divorce in Kern County, California

Filing for Divorce in Kern County

The process of filing for divorce differs across states. Here’s how to file for divorce in Kern County, California.

To file for divorce in Kern County, California, check whether you meet California’s residency requirements. Next, submit all necessary forms for a Family Law clerk to review. You may serve the divorce forms once the clerk approves and files your paperwork.

Related: Divorce FAQs in California

How do you want to end your marriage?

A person can end their marriage in three ways in California:

Dissolution of marriage (divorce) – ends a marriage and resolves marital issues (such as child custody, spousal support, asset division, and more)
Legal separation – resolves marital issues but spouses continue the marriage
Annulment – voids a marriage

Knowing the difference between each form of ending a marriage can help determine which process to follow. In Kern County, California, filing for divorce can be broken down into the following steps.

1. Check if you meet California residency requirements. You or your spouse must have lived in California for at least six months and in Kern County for at least three months at the time of the case filing. Those in same-sex marriages who married in California, but live in a different state, are exceptions to the residency requirement and may still file for a divorce in Kern County, California.
2. Make sure you are filing in the right court. Divorce falls under the category of family law. Visit www.kern.courts.ca.gov/local_rules_of_court and browse Appendix A to find which court in your city serves family law cases.
3. Fill out the court forms for review. The spouse who starts the divorce case is the petitioner. There are two mandatory forms to fill out: Petition — Marriage/Domestic Partnership (Form FL-100); Summons (Family Law) (Form FL-110). Petitioners with a child under the age of 18 must also fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120). Fill out Form FL-105A if you have more than one child under the age of 18. Other forms are optional and should only be filled out if applicable to your marriage. Consider including the following in your petition: Property Declaration (FL-160), Child Custody and Visitation Attachment (FL-311), Joint Legal Custody Attachment (FL-341(E). Petitioners should print two copies of all forms for a total of three sets. Petitioners should also consult with a family lawyer to ensure the completeness of the divorce paperwork.
4. File the court forms. Petitioners can file the court forms by dropping them off to a Family Law Division office or by submitting them online. Filing In-Person: Petitioners choosing to drop off the documents receive a case number after a Family Law Clerk approves the paperwork. Filing Online: Filing forms electronically requires petitioners to submit documents at https://www.kern.courts.ca.gov/online_services/efile in a PDF format.
5. Serve the forms. Petitioners should find a representative over the age of 18 to personally serve the court forms to the respondent, or the spouse on the receiving end of the divorce case. The server of the paperwork should not be the petitioner themself or a person related to the marriage.The server must complete the first two pages of the Proof of Service of Summons (FL-115) afterwards.
6. Wait 30 days for a filed response from the respondent. Respondents have a month from the date they were served the divorce paperwork to file a response. No Response: Petitioners should fill out the Declaration re: Service of Declaration of Disclosure (FL-141) and the Default for Default Judgment forms. Approval of these forms means the respondent can no longer challenge the divorce process in regards to child custody, spousal support, and asset division. With a Response:If the respondent files a response to the divorce petition, both parties must fill out the two following forms: Declaration of Service re Declaration of Disclosure (FL-141), At-Issue Memorandum (ask court clerk for this handout)

The court clerk will send both parties the Notice of Mandatory Settlement & Trial Setting Conference, which marks the end of the filing process and is an ideal time to begin preparing for the in-person court trial.

Related: Divorce Mediation FAQs in California

FAQs About Filing for Divorce in Kern County, California

How long does it take to file for divorce in Kern County, California?

It will take at least a month due to the 30-day waiting period.

How much does it cost to file for divorce in Kern County, California?

Petitioners pay $435 to file the paperwork. Respondents pay $435 to send an official written response.

What if I can’t afford Kern County’s filing fees?

Fill out these two waiver forms: Fee Waiver Request – FW-001 and Order – FW-003.

Contact Us

If you or a loved one would like to learn more about how to file for divorce in Kern County, get your free consultation with one of our divorce attorneys in California today!