Filing for a divorce can certainly be a stressful process. Here’s how to file for a divorce in Riverside County.
In order to file for a divorce in Riverside, a filing spouse must determine if both partners meet the residency requirements, locate the proper court, complete the proper forms, serve a copy of the divorce documents to their spouse, and finalize the divorce.
What does it mean to file for a divorce?
When a spouse files for divorce, the spouse legally dissolves their marriage or registered domestic partnership. Once the divorce process is complete, the married parties are restored to single status and may enter into a new domestic partnership or remarry.
Filing for a divorce is not to be confused with a legal separation in which the married parties may live apart but are not restored to single status. Legally separated partners cannot enter into a domestic partnership or remarry.
There are two primary avenues to file for a divorce: Petition for Dissolution of Marriage, or Petition for Summary Dissolution of Marriage
A Petition for Dissolution of Marriage is the traditional method of divorce, but the Petition for Summary Dissolution of Marriage is a more expedited process for divorce. A couple that qualifies for a Summary Dissolution of Marriage do not need to fill out as much documentation and do not need to appear in court for trial.
In order to qualify for Summary Dissolution of Marriage in Riverside, the couple must meet all of the following requirements:
- Have no children together
- Have been married for 5 years or less
- Neither party has any interest/ownership in real estate
Related: How to File for Divorce in California
1. Consider the Requirements for Divorce
California is a “no-fault” divorce state. This means that there is no requirement to prove that either spouse is “guilty” or “innocent.” Neither party has to prove that either spouse is at “fault”. Additionally, it is not required for both parties to the marriage to agree to end the relationship.
If a spouse is considering divorce, they should first determine if they and their spouse meet the residency divorce requirements in Riverside County. At least one of the spouses must have been a California resident for at least six months and have lived in Riverside County for the last three months.
2. Locate the Proper Court
Once the filing spouse confirms that residency requirements have been met, they must locate the Family Courts of the Superior Court of Riverside County. This is where all documentation can be found and filed.
3. Complete and File the Required Forms
The required divorce forms can be located on the Superior Court of Riverside County website. The spouse initiating the divorce, or the petitioner, must gather the relevant documents and file an initial Petition for Dissolution of Marriage with the Riverside County Superior Court clerk’s office.
Related: Divorce FAQs in California
4. Optionally, Hire a Divorce Attorney
Parties to the divorce may choose to hire a divorce attorney to review and file the necessary documentation. The divorce attorney can help mediate a plethora of issues including child custody, child support and visitation rights, and asset division.
Related: 10 Questions to Ask a Divorce Attorney Before Hiring
5. Make a Copy of the Divorce Forms and Serve the Spouse
Once the initial Petition for Dissolution of Marriage has been filed, the petitioning spouse must make a copy of all the forms and serve them to the corresponding spouse. The petitioning spouse is considered the plaintiff and the corresponding spouse is considered the defendant or respondent.
Any adult person who is not a party to the divorce qualifies to serve the Summons via certified mail or in-person to the defendant’s spouse. The individual who serves the papers to the defendant’s spouse must file a signed Proof of Service of Summons form with the Riverside County Superior Court.
6. Finalize the Divorce
Whether the divorce is uncontested, the parties to the divorce must wait at least six months from the date that the respondent is serviced in order for the divorce to be complete. If all documents have been filed correctly, the judge can sign off on the final judgments without either party appearing in court.
Where is the Family Court of the Riverside County Superior Court?
Court Address: 4175 Main Street, Riverside, California 92501
Phone: 951.777.3147
Contact Us
If you or a loved one would like to know more about how to file for divorce in riverside county, get your free consultation with one of our divorce lawyers today!