When filing for divorce, there are various steps to take to ensure the process proceeds smoothly. Here’s how to file for divorce in Ventura County.
What Entails a Divorce?
When divorcing, assets and the debt brought into a marriage are divided between the couple. Once the divorce is granted by the court, the property is usually divided equally between the two spouses. The division of property is decided under the Equitable Distribution Law. The Equitable Distribution Law varies based on the uniqueness of the case and the decisions made between the spouses involved. During the divorce process, both parties must disclose properties and assets. If the couple had children, custody, visitation, and child support payments are also dictated, and of course, a couple becomes legally separated.
How to File for the Divorce?
If a spouse is about to file for divorce in Ventura County, they can begin the following course of action:
Related: How to File for Divorce in California
1. Complete the required paperwork.
The two required paperwork are the Summons and Petition and they must be filled out in blue or black ink.
2. Make two extra copies of all the required paperwork.
3. Submit the paperwork and filing fee.
The location for the Ventura Courthouse Room 208 is the Family Law Filing Window (a fee is required at the window) and paperwork is submitted here. The average initial filing fee is $435 but depends on the services used which are unique to the case. The clerk can provide a fee schedule and if one is unable to finance the fee, the fee can potentially be waived upon completion of the fee waiver packet.
4. Undergo the filing process.
The original copy of the paperwork will be kept by the clerk and the remaining paperwork will be returned to the filing spouse. The paperwork will all be stamped by the clerk to show that they have been filed. One copy should be kept by the filing spouse and the other will be given to the spouse who is being served with the divorce.
5. Serve the papers.
Serving divorce papers requires someone other than the filing spouse, who is over the age of eighteen, to serve the individual being divorced with the papers. The respondent has thirty days to respond.
Related: How to Serve Divorce Papers in California
6. File for proof of service.
The filing spouse must file for proof of service and it must then be filed with the court.
7. Request for child support (if applicable).
In regards to children and child support, either spouse can request child custody and support mediated at the judge’s discretion.
FAQs About Filing for Divorce in Ventura County
How Long Will The Divorce Take?
The process of divorce usually takes six months or more.
Related: Divorce FAQS in California
What Can Be Used Against You In a Divorce?
Some things that can be used against a spouse during a divorce include, but are not limited to:
- Abusing marital finances on extramarital affairs
- Transfering marital funds to someone before a divorce is complete
- Excessive spending on business finances
- Selling marital assets at a lower than market price
- Withholding assets
- Sometimes texts/emails/calls will be used against a spouse in court
How to Watch Out For Yourself During a Divorce?
Some ways you can watch out for yourself during a divorce include:
- Hire an attorney to manage your rights and your spouse’s responsibilities.
- Keep important paperwork/potential evidence/required documents safe.
- End any jointly-owned credit cards.
- Keep a record of all jointly owned properties.
- Reduce expenses to save for the cost of divorce.
- Do not sign anything without the aid of a lawyer.
- Call for security/the police in the case of violence or threats.
- Keep valuable property safe and in your direct possession.
- Do not give your spouse the power to claim ownership of property or the children.
Contact Us
If you or a loved one would like to know more about how to get a divorce in Ventura County, get your free consultation with one of our divorce attorneys today!