How to File for Divorce in Santa Clara County

Divorce can be a complicated and nuanced process that requires lots of planning. Here is how to file for divorce in Santa Clara County.

The term “divorce” entails dissolution, legal separation, and nullity cases. Legal separation refers to a judgment that settles all the issues in the case, while the couple stays married. Nullity, on the other hand, is a case in which if the couple receives a judgment, it is as if the marriage has never been registered.

In this article, the term “divorce” will be applied to all three scenarios.

How to Handle a Divorce

When it comes to options of handling the divorce, spouses have three options:

Partnering up with a lawyer
- To find a suitable lawyer in Santa Clara County refers to the Lawyer Referral Service of the Santa Clara County Bar Association. It is essential for divorcing spouses to know their rights and responsibilities throughout the process, and a highly-skilled lawyer will provide all the guidelines for a successful case.
Partnering up with a Self-Help Center or Family Law Facilitator’s Office
- Santa Clara County holds virtual Divorce Workshops that serve as a great resource for divorcing couples. Additionally, The Self-Help Center has fliers with legal information and form samples for people who are handling their own divorces.
Handling Personally
- Forms can be downloaded off the internet from websites such as the Judicial Council and the Santa Clara County Court. Self-Help Center also provides flyers on where to find the forms for divorce.

What Forms Are Needed For a Divorce

The forms needed to acquire depend on whether or not both spouses agree on the divorce, property division, and/or child custody (if applicable).

All the necessary forms can be located on the Santa Clara County Court website, as well as the Judicial Council of California website.

Fees

There are certain fees that need to be paid when filing for divorce. In most cases, the divorce filing fee is $435. Those fees need to be paid to the Clerk’s Office. If the filing fees prove to be a significant financial burden, a spouse can apply for fee waivers. For more information on fee waivers, contact the Clerk’s Office in Santa Clara County.

Serving the Paperwork

In order to initiate the divorce, the papers need to be served to the responding spouse. In order to serve the papers, it is necessary to gather all the necessary forms.

Someone over the age of 18 would need to serve the paperwork to the responding spouse. Serving paperwork can be done in a few ways:

In-person
By mail
By publication
By posting
Substituted Service

In California, a petitioning spouse cannot personally serve divorce papers, thus it is necessary to find a trusted individual to present the paperwork to the receiving party.

Complete Financial Disclosures

California law states that information regarding income, expenses, property, and debts must be provided to the spouse. This is called “disclosure.”

The first disclosure made is called the “Preliminary Declaration of Disclosure.” This has to be done before the divorce is finalized.

A second, final disclosure has to be made to formally establish both parties’ finalized agreement on asset division.

Collaborative Law Option

Collaborative law is another way of resolving divorce without going to court. It is similar to mediation, but each party has a lawyer. All involved parties agree not to go to court except in the case of certain emergencies such as medical conditions or family responsibilities. In this case, parties may contact the Santa Clara County Bar Association and ask for the collaborative law panel.

Finalizing the Divorce

Divorces do not happen automatically, thus all the paperwork must be completed and filed in order to receive judgment.

The judgment primarily depends on whether or not the paperwork was filed as well as if the spouses agree on the divorce.

The judgments that can be received are:

Default (in the case that the responding party did not file a response)
Written Agreement (in the case that response was filed and both parties agree)
Trial (in the case that response was filed and both parties disagree)

Helpful Resources for Filing for Divorce in Santa Clara County

California government websites, especially those of Santa Clara County are the main resources necessary for successful divorce filing. Here are some valuable links and organizations that would help an individual file for a divorce in Santa Clara county.

Related: Divorce FAQs in California

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If you or a loved one would like to know more about how to get a divorce in Santa Clara county, get your free consultation from one of our divorce attorneys today!