Divorce can be a very difficult and stressful process for any spouse. Here’s how to file for divorce in Fresno county.
You must meet California divorce requirements in order to file for divorce in Fresno county. You or your spouse must be California residents for at least six months before filing, and you or your spouse must be a resident of Fresno County for a minimum of three months before filing.
Divorce Requirements in California
You can request a divorce in California if you meet residency requirements.
Residency requirements for filing for divorce in California include:
- You or your spouse must be a California resident for at least six months or more before filing
- You or your spouse must have been a Fresno County resident for a minimum of three months before filing
Reasons for Divorce in California
You can file for divorce in California on two grounds:
- Irreconcilable differences
- Incurable insanity
California is a no-fault divorce state. As long as one party claims irreconcilable differences, a divorce can be granted. If you claim irreconcilable differences, California does not require you to provide any proof of said differences. If your spouse claims differences don’t exist, the court can still grant your divorce.
If you claim your spouse to be incurably insane, you must provide proof from their medical records or psychiatric testimony.
How to File for Divorce in Fresno County
To begin divorce proceedings in Fresno County, California, you must complete and file a Petition for Marriage/Domestic Partnership (FL-100). The form requests you to document all of your assets and debts as separate and community property.
If you and your spouse have lived in Fresno for at least three months and have been California residents for at least six months, you must file your divorce papers with Fresno County Superior Court.
If you are filing alone, the documents you must complete include:
- Summons (FL-100): notifies your spouse you are filing for divorce and summons them to respond
- Petition (FL-100): notifies the courts you are filing for divorce
- Declaration Under UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) (FL-105): is only necessary if you and your spouse have minor children. The form ensures all children are accounted for in custody arrangements.
- Declaration of Disclosure (FL-140): legally verifies you have disclosed all assets through the forms FL-142 and FL-150
- Schedule of Assets and Debts (FL-142): discloses all your assets and debts
- Income and Expense Declaration (FL-150): discloses all your sources of income and average monthly expenses
- Proof of Service of Summons (FL-115): notifies the courts your spouse was served a summons. A third party over the age of 18 must complete (FL-115) to serve the divorce papers.
- Response (FL-120): is completed by your spouse after they are served the divorce papers
Related: How to File for Divorce in California
FAQs About Divorce in Fresno County
What should I do if my spouse doesn’t sign the Fresno county divorce papers?
In order to seek an uncontested divorce, your spouse must sign the divorce papers. If they don’t sign the divorce papers, the divorce is contested and results in a different process. California is a “no-fault” state, meaning you do not need a reason to file for divorce. If you legally seek a divorce, your spouse cannot refuse you from getting one.
Related: Contested and Uncontested Divorce: The Difference
How do I serve my spouse’s divorce papers in Fresno county?
Anyone can serve divorce papers to your spouse on your behalf if they are 18 years or older. The server can be a friend or family member. If you’re not ready to share your decision to divorce with others, or you fear your spouse’s reaction, you can ask a law enforcement officer or process server to serve the papers.
Related: How to Serve Divorce Papers in California
Contact Us
If you or a loved one would like to know more about how to file for divorce in Fresno County, get your free consultation with one of our divorce attorneys today!