A spouse can get easily overwhelmed when looking to file for divorce in Contra Costa. Here are the steps to file for divorce in Contra Costa.
Filing for divorce in Contra Costa County has three main steps: initial paperwork, serving a spouse, and declarations of disclosure. Upon completion of the steps, a couple has filed for divorce and can proceed in determining which method of divorce they will pursue.
Steps on How to File for Divorce in Conta Costa
1. Initial Paperwork
Completion of the following forms: FL-100 Petition, FL-110 Summons, and FL-105 UCCJEA.
The FL-105 is only necessary if a couple has children under the age of 18. Several optional forms pertaining to child custody or additional provisions must be completed if applicable to the person filing for divorce.
After completion of all forms, the filer must make two copies of each form. He or she must then pay the Filing Fee (or apply for a Fee Waiver using an optional form). Both copies of each form must be filed and sent to the court via mail, dropbox, or in-person delivery.
The mailing address is as follows:
Contra Costa Superior Court
Spinetta Family Law Center
751 Pine Street
Martinez, CA 94553
The dropbox is in the main lobby of the Spinetta Family Law Center. One can file in person on the first floor of the Spinetta Family Law Center.
After the paperwork is delivered, a clerk will stamp each form. The clerk keeps the original forms and mails the copies to the filer. The filer should take copies of the forms with them anytime he or she goes to court.
2. Serving a Spouse
One must complete FL-115 Proof of Service of Summons to serve their spouse, whereas the FL-117 Notice and Acknowledgment of Receipt is optional. The server gives the filed copies from Step 1 and the packet “Documents to be Served on Your Spouse” to the recipient spouse.
The person filing for divorce is not eligible to serve the papers to their spouse directly. The paperwork must come from someone else who is 18 or older. The server must complete the FL-115 and file it with the court within 60 days.
3. Declarations of Disclosure
Document property and income. Even if a spouse has none, one must fill out the following forms: FL-140 Declaration of Disclosure, FL-142 Schedule of Assets and Debts, FL-150 Income and Expense Declaration, FL-141 Declaration Regarding Service of Declaration of Disclosure.
Two copies of the FL-150 and FL-141 and one copy of FL-140 and FL-142 must be made. The filer must mail one copy of each form to his or her spouse.
It is only necessary to file forms FL-150 and FL-141 with the court. The filing process is the same as step one: a filer must send in the original forms with 1 set of copies, the clerk will stamp and file the forms, and then he or she will send back the copies which must be brought to court.
I’ve Filed, Now What?
After a spouse has completed the steps above, he or she should have successfully filed for divorce. Next, one must determine how the divorce will be judged. In Contra Costa County, there are four methods of attaining divorce judgment: default judgment, default hearing, stipulated judgment, and contested trial. After spouses determine which type of judgment they would like to pursue, the divorce process can continue.
FAQ’s How to File for Divorce in Contra Costa County
Do I need to fill out the Declarations of Disclosure even if I have no property or income?
Yes, one must fill out all four Declarations of Disclosure forms even if a spouse has no property or income.
Where can I find all of the forms to file for divorce?
All required forms are available online at the Superior Court of California Contra Costa County website.
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If you or a loved one would like to know more about how to file for divorce in Contra Costa County, get your free consultation with one of our divorce attorneys today!