There are many requirements to file for divorce in San Joaquin County. Here’s what you should know about filing for divorce in San Joaquin.
The process begins with checking residency requirements. After that, a lot of paperwork follows. After completing all necessary paperwork, it will still take six months to receive a decision.
How To Know If You Qualify for a Divorce in San Joaquin County:
To qualify for a divorce in San Joaquin County, a couple must have lived in California for the last six months and San Joaquin County for the last three months of their marriage. Meeting these residency requirements allows filing for divorce in the county.
Failure to meet the requirements means one may not file for divorce, but may file for legal separation. Once one has met the residency requirements, they may file an amended petition to ask the court for a divorce.
Options of annulment or a summary dissolution might be applicable.
Related: Divorce FAQs in California
What Does Getting a Divorce Mean?
A divorce is the dissolution of a marriage or a domestic partnership. After divorce, an individual is single and can enter a new marriage or domestic partnership.
The divorce process in California takes six months at minimum to complete. The six months begins when the spouse filing for divorce has let their spouse or domestic partner know about the divorce. The law mandates a six-month waiting period, however, longer processing time for a case may apply.
In a divorce case, the judge can be requested to make judgments about custody and visitation, child support, spousal or partner support, division of property, and debt responsibility. A judge can also order who will be responsible for attorney fees, if applicable.
Related: Divorce Mediation FAQs in California
How to File for Divorce in San Joaquin County:
- Make sure one and one’s partner meet the residency requirements.
- Fill out the required paperwork to file for divorce. Fill out the Petition – Marriage/Domestic Partnership Form (FL-100) and the Summons (Family Law) Form (FL-110). If the couple has children together, one must also fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act Form (FL-105).
- If there is anything that requires an immediate judgment by the court, one may request a temporary order, by filling out the Request for Order (form FL-300).
- Turn in completed forms with copies to the court clerk One will have to pay a filing fee, that can be waived if one cannot afford it.
- One must have another person, over the age of 18, serve the spouse with copies of all your court papers. One’s partner will have 30 days to respond to the court.
Copies of all papers filed with the court.
A blank copy of the Response – Marriage/Domestic Partnership Form (FL-120).
If there are children together, a blank copy of the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act Form (FL-105/GC-120). - One must provide their spouse with a Declaration of Disclosure Form (FL-140). The law requires that one and one’s spouse disclose all financial information that will be needed to complete the divorce. This form must either be delivered or mailed by another person, over the age of 18 within 60 days after filing for divorce.
- One needs to file the Declaration Regarding Service of Declaration of Disclosure Form (FL-141) with the court no later than 60 days after filing their petition.
- Once the divorce has been processed, one can get a copy of the Final Judgement of Divorce by either visiting the San Joaquin Superior Court or requesting a copy by mail.
What Happens After I File for Divorce?
The steps after successfully filing for divorce differ for every couple. A response to the petition and a plan for how the divorce will look will impact the outcome.
FAQs about Filing for Divorce in San Joaquin County:
Does this process differ for same-sex couples?
The process of divorce is the same for same-sex couples who are either in a marriage or a registered domestic partnership. However, a same-sex couple who was married in California, but does not live in California, may file for divorce in the county they were married in.
Does this process differ for registered domestic partnerships?
No, the process of a divorce will also dissolve a registered domestic partnership. Couples whose domestic partnership was registered in California do not need to meet the residency requirements for divorce. Couples whose domestic partnership was registered in a different state, do need to meet the residency requirements.
Can I get a no-fault divorce?
California is a “no-fault” divorce state. The spouse asking for a divorce does not need to prove any fault of their spouse in order to file for divorce. A “guilty” or “innocent” spouse may not be clear. Couples can file for a no-fault divorce by stating “irreconcilable differences.”
What is a summary dissolution?
Some couples may qualify for a summary dissolution, which is a simpler way to end a marriage or domestic partnership. Couples who have been married or in a registered domestic partnership for less than five years may be eligible for a summary dissolution if they meet other requirements.
Contact Us
If you or a loved one would like to learn more about how to file for divorce in San Joaquin County, get your free consultation with one of our divorce attorneys in California today!