How to File for Divorce in San Bernardino County

Filing for divorce can be a complicated process for any spouse. Here’s how to file for divorce in San Bernardino County.

The filing spouse is the petitioner, and the receiving spouse is the respondent. In order to file for divorce in San Bernardino County, the petitioner must fill out court forms, have them reviewed, make copies of the forms, file the papers with the court clerk, serve the forms, and make a declaration of disclosure. After filing for divorce, the respondent has 30 days to respond, after which the next steps of divorce can proceed.

Steps to Filing for Divorce in San Bernardino County

Related: Divorce FAQs in California

1. Determine where to file

One of the first steps necessary to file for divorce in San Bernardino County is to locate the proper court where to file for divorce. California law requires that at least one spouse has lived in California for the past six months and San Bernardino County for three months before filling.
San Bernardino County has three courthouses with a family law division:

Joshua Tree District, 6527 White Feather Road, Joshua Tree, CA 92252
Family Law Division of the San Bernardino District, 351 North Arrowhead Avenue, San Bernardino CA 92415
Victorville District, 14455 Civic Drive, Victorville, CA 92392

An individual seeking a divorce can determine where to file on the San Bernardino County Superior Court’s website, which is based on the petitioner’s location or their spouse’s.

2. Fill out court forms

Fill out the following forms:

Petition — Marriage/Domestic Partnership (Form FL-100). This provides basic information to the court about the union.
Summons — Family Law (Form FL-110). This form contains important information about the divorce process.
If there are children below the age of 18 involved with the divorce, fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL 105/GC 120)
If the petitioner wishes for the court to make decisions about child custody and visitation, fill out the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL 311)

3. Have a lawyer review the forms

Consult a lawyer to review the forms. An experienced attorney from Her Lawyer can help answer questions and correct any mistakes on the forms to prevent future issues.

4. Make copies of the forms

Make at least 2 copies of each before turning them into the San Bernardino Superior Court. One copy is for the petitioner, one is for the respondent, and the original forms are for the court.

5. File with the court clerk

Bring the original forms and the 2 copies to the court. Turn in the completed forms to the court clerk. In San Bernardino, there is a fee of $435 to file for divorce, however, fee waivers are available. Check with the court in San Bernardino for further fee waiver instruction. The court accepts cash, check, and card to pay the fee. Checks should be made payable to the “Clerk of the Court.”

6. Serve the first set of forms

Before continuing with the divorce proceedings, the papers must be served to the respondent. The petitioner cannot serve the papers — the process server must be someone above the age of 18.

The documents to be served should include the following:

A copy of ALL documents filed with the court
A blank Response – Marriage/Domestic Partnership (Form FL-120)
If children are involved with the divorce, include a blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL 105/GC 120).

7. Make a preliminary declaration of disclosure

Fill out and serve financial disclosure forms no later than 60 days after filing the original court forms. Disclosure forms provide written information to the respondent about assets and belongings. None of these are filed with the court.

Declaration of Disclosure (Form FL-140)
Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160)
Income and Expense Declaration (Form FL-150)

8. Attach tax returns.

Have an attorney review the disclosure documents. Make a copy of the disclosure forms. One copy is for the respondent, the original is for the petitioner.

9. Have someone over the age of 18 serve the disclosure forms to the respondent.

Complete and submit the Declaration Regarding Service of Declaration of Disclosure (Form FL-141) to the court. This informs the court that the petitioner has completed and served the proper disclosure documents. Make 2 copies of the declaration before submitting it. The clerk will keep the original and return the copies with an official stamp.

Next Steps

\After successfully completing the above steps, the petitioner has officially filed for divorce in the state of California. The respondent has 30 days to respond to the divorce papers. The next steps of finalizing the divorce will depend on if the spouse has filed a response and if the couple has reached an agreement. Consult with a divorce attorney to determine the next steps.

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If you or a loved one would like to know more about how to file for divorce in San Bernardino county, get your free consultation with one of our divorce attorneys today!