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Where, What and How to start a divorce process in San Diego?

CAN I FILE DIVORCE PAPERS AT ANY COURT? HOW? WHERE? HOW MUCH?

WHERE TO FILE FOR A DIVORCE IN SAN DIEGO? WHAT FORMS DO I NEED TO USE? HOW MUCH DOES IT COST?

Let’s discuss each question separately:

The residency requirements:
To file for a divorce in California you or your spouse have to meet residency requirements. It means that either you or your spouse must be a resident of California for six months and of the county where the petition for dissolution of marriage is filed for three months before you file for a divorce.

You might have a question, “What am I supposed to do if I don’t meet these requirements?”. If you do not meet the residency requirements to file for a divorce, you can file for a legal separation. You will be able to amend the petition and ask for a divorce once the residency requirements are met.

Where to file for a divorce:

The San Diego Superior Court has several locations:

  1. Central Courthouse located at 1100 Union Street, San Diego, CA 92101;
  2. East County Regional Center located at 250 East Main St., El Cajon, CA 92020;
  3. North County Regional Center located at 325 South Melrose, Vista, CA 92081; and
  4. South County Regional Center located at 500 3rd Ave., Chula Vista, CA 91910.

You have to look at the court’s zip code list to verify the location for filing a petition for dissolution of marriage. Find your zip code and you will see what division you have to file your petition at.

The zip code list can be found at:
http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/FORMS/ADMINFORMS/ADM254.PDF

Forms you have to fill out and file with the court:

You need to use the following forms:

  1. Summons (form FL-110);
  2. Petition for Dissolution of Marriage (form Fl-100);
  3. Venue Declaration (form D-049); and,
  4. Declaration under UCCJEA (form FL-105), if you have minor children.

Forms can be found at:

https://www.courts.ca.gov/documents/fl110.pdf
https://www.courts.ca.gov/documents/fl100.pdf
http://www.sdcourt.ca.gov/pls/portal/url/ITEM/4F93316E6F5D5576E0440003BAF3E47D
https://www.courts.ca.gov/documents/fl105.pdf

Additionally, read my previous post called “What is a preliminary declaration of disclosure? Why do I have to exchange it?” to learn more about requirements and a timeline for exchanging a preliminary declaration of disclosure.

The cost of filing for a divorce:
You will have to pay a court fee in the amount of $435, unless you are qualified for a fee waiver. If you don’t have enough income and/or savings to pay a court fee you may consider filing a Request to Waive Court Fees (form FW-001) and an Order on Court Fee Waiver (form FW-003).

Forms can be found at:
https://www.courts.ca.gov/documents/fw001.pdf
https://www.courts.ca.gov/documents/fw003.pdf

Upon filing all aforementioned forms (forms: FL-100, FL-110, FL-105, D-049, FW-001, FW-003) a court clerk will let you know right away if your request to waive court fees was granted or denied. If the request was granted you won’t need to pay a court fee.

DISCLAIMER: This Blog/Web Site is made available by the lawyer/law firm publisher for educational purposes ONLY as well as to give you general information, not to provide specific legal advice. This article should not be taken in any way as legal advice on your specific legal matter.

Please contact me at 619-737-3919 to schedule a 30-minute initial complimentary consultation to discuss your personal situation.

NOTICE: This Blog/Web Site constitutes advertisement materials and is meant for the residents of the State of California only. By using this Blog/Web Site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The materials presented in the Blog/Web Site may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. The Law Office of Maria Rogova is not responsible for any errors or omissions in the content of this Blog/Web Site or for damages arising from the use or performance of this Blog/Web Site under any circumstances.

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Ms. Rogova, who is bilingual English-Russian, earned her law degrees from American and Russian universities. She earned her Russian law degree in 2003 and practiced law in Russia for over 7 years. Ms. Rogova has a broad range of legal experience in Russia such as contract litigation, corporate law, arbitration, real estate, and labor law. In addition to her law degree, in 2007 Ms. Rogova earned a Master of Finance degree.

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