How to File for Divorce in Alameda County

Filing for divorce is a long and often complex process. Here’s how a spouse can file for divorce in Alameda County.

A spouse seeking divorce can begin the process by hiring a lawyer, filling out the necessary forms yourself, or through a mediator. Once the divorce process has begun in Alameda County, the filing spouse needs to complete additional forms listed below to receive the divorce judgment.

Paths to Divorce in Alameda County

Related: Divorce FAQs in California

1. Get help through a lawyer.

If a spouse is looking to file a divorce in Alameda, they should consider getting legal help. One place to contact is the Alameda County Lawyer Referral Service (LRS), a trusted source for lawyer referrals in Alameda County. Book a consultation online at their website or call their phone number at 510.302.2222 and press option 4.

2. Get a mediator.

The mediator acts as a neutral third party to help the parties involved reach an agreement. This is ideal for those who want little court involvement. If both parties choose this route, the agreement reached would more likely reflect a compromise. A spouse seeking divorce can hire a private mediator or work with a mediator from the Court’s Custody Mediation Office.

3. Get self-help divorce books and gather other necessary documents.

If the filing spouse prefers not to hire a lawyer, it is possible to go about the process without one. Self-help divorce books and other legal documents can help. Make sure to use the most current forms, which can be obtained from the internet. All of the state forms needed to file a divorce in Alameda County can be found on this website. Make sure to choose the “Family Law” option in the menu. If the filing spouse chooses to handle the divorce case without a lawyer, some resources they can download from the internet are the Alameda County Superior Court Local Rules for Family Law, the California Family Code, and the Divorce section of the California Courts Self-Help Center. Another resource is the Self-Help Center available through the courthouses in Alameda County.

What’s Next?

Once a divorcing spouse chooses one of the options above, they must make a formal disclosure called the “Preliminary Declaration of Disclosure.” The document can be found here. In every single divorce case in California, with the exception of default or uncontested cases, both parties need to prepare the Declarations of Disclosure along with several other forms:

Declaration of Disclosure (Form FL-140)
Income and Expense Declaration (form FL-150)
Schedule of Assets (form FL-142)

Proof of service also needs to be filled out and filed with the court (form FL-141). These forms need to disclose each party’s income, expenses, assets, and debts. These forms are important because if not done correctly, the party may face sanctions in the form of attorney fees or losing an asset to the other party.

Obtaining a Divorce Judgment

The divorcing couple will get a judgment either by default, a written agreement, or a trial.

A default judgment is received when the other party chooses not to respond to the court papers. Consider hiring a lawyer for this process or visit the self-help center online.

If the couple decides to work towards a written agreement, they can write it up together and file the agreement, which can be done with or without the guidance of a lawyer.

Lastly, when an agreement is not possible, the divorcing spouses should consult with separate lawyers for further help. It is entirely up to the spouses whether they want to be represented by a lawyer during the trial. More details on how one can finish up the divorce process are listed under #5, Step 6 of the Alameda County Courts site.

The Final Step in the Divorce Process

It is important to keep a copy of the divorce papers once a divorce is finalized. To do this, go to the courthouse and ask for a copy or send a request through the mail. Here are the directions to courthouses in Alameda County, as well as for instructions on how to request a copy by mail.

To request a copy by mail, one must send a written request, a check payable to the Superior Court, and a self-addressed stamped in a legal-sized envelope. Contact the Family Law Clerk’s Office for specifics on costs and payment methods. Additionally, make sure to have the divorce case number to avoid incurring a small fee.

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If you or a loved one would like more information on how to file for divorce in Alameda county, get your free consultation with one of our divorce attorneys today!