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:
- Central Courthouse located at 1100 Union Street, San Diego, CA 92101;
- East County Regional Center located at 250 East Main St., El Cajon, CA 92020;
- North County Regional Center located at 325 South Melrose, Vista, CA 92081; and
- 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:
- Summons (form FL-110);
- Petition for Dissolution of Marriage (form Fl-100);
- Venue Declaration (form D-049); and,
- 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.
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