What Court address should I use to file Divorce in California
How to File for Divorce in California
Law Offices of Don Glass in {flood}
951-501-3554
www.CaliforniaOnlineDivorceAttorney.com
www.AttorneyPreparedDivorceForms.com
$395 to $995 flat fee Uncontested Online Divorce law firm
California Statewide.
Wondering where to begin before you file for divorce ?
What Court address should I use to file ?
What address to use for Residency requirements?
Any residency you rely upon to file your case must be valid on the date of filing at court. Accordingly, if there is a residency change between now and the time you file your case and that change invalidates the residency you are relying upon to file your case, you would have to come back to the residency page of the forms to make appropriate changes.
Put another way, you can only rely upon the residence of one of you to file your case (even though both of you may qualify in terms of residency). If that spouse/partner (the spouse/partner whose residence you are relying on) moves between now and the time you file, that is a problem.
If that spouse/partner moves within the same county, it is only a small problem. You just have to Address page of that spouse/partner, change that spouse/partner’s address and come back to the Court page to check residency. Then print out documents again, sign them and proceed to file your case in {flood}.
However, if that spouse/partner moves across county or state lines before you file, that is a big problem. You’d have to come back to the Address page of that spouse/partner, change that spouse/partner’s address to check residency. As the spouse/partner whose residency you were relying upon has moved, you won’t be able to rely on that spouse/partner’s residence for at least 3 months, if at all. This may involve delay before you can file your case .
At the time the Summons and Petition are submitted to the court for filing, the court will require the payment of the court filing fee UNLESS you qualify for a FEE WAIVER – we prepare this at no extra charge –. Upon acceptance of the Petition for filing, the court clerk will assign a case number to your case. This case number is used for all future documents that you file in your case.
What is the 6-Month Cooling Off period
The 6 month waiting period which is also described as the “cooling off “ period is the time set by California statute before a marriage is formally terminated and the parties are allowed to remarry.
This period of time is the amount of time the courts want to pass to allow a party to stop the California divorce process and reconcile, should they want to do so.
The waiting period is not determined by the date of separation in {flood}.
A married couple does not have to be separated six months before filing a California divorce.
There is no separation requirement for people filing divorce, and in many instances, a couple may still be living together when they file the divorce proceeding.
A judgment can be entered prior to the expiration of the waiting period.
A couple can file and complete a divorce prior to expiration of the 6 month waiting period.
In many cases, the final Judgment is submitted long before the expiration of the waiting period. In some cases, the final Judgment has been processed as early as weeks after the date the divorce was filed. Some courts process final Judgments within 3 to 6 weeks from submitting the Judgment. Other courts may take substantially longer to process the final judgment.
The 6 month waiting period determines the earliest date the marriage is considered legally terminated and allows either party the freedom to remarry. In the California divorce process, the earliest date a marriage can be terminated is 6 months PLUS 1 days after the date of service.
The 6 month waiting period starts from the date of service of the divorce paperwork. The date of service is the date the non-filing party receives or acknowledges receipt of the divorce Petition. This service date could even be the same day the divorce is filed.
If a divorce Petition was filed on December 15th, and the documents served on the other party that same day, the 6 month waiting period and earliest termination date of the marriage would be 6 months PLUS 1 day after December 15th.
For this reason, if you want to complete the divorce as quickly as possible, it is important to get the other party served right away. This will start the clock ticking towards the final date of the 6 month waiting period.
Dismissing the divorce can extinguish the termination date. If parties decide to reconcile within the 6 month waiting period, they can file paperwork with the court to dismiss their divorce case.
If a final Judgment has already been entered and a termination date of marriage established (but the termination date has not yet passed), filing a dismissal, in effect, extinguishes the pending termination of their marriage.
Both parties would need to agree to dismiss the case to extinguish a pending termination date in a divorce.
What happens if there is a REJECTION of JUDGMENT in California?
It is always possible – maybe 50% – that the judge will “reject” the judgment documents in any case and that different courts (and different judges within those courts) have different policies that cause a Rejection.
When would this happen?
Generally it happens when a judge is unhappy/suspicious about some term in your proposed divorce Judgment. Most typically it would be a child custody, visitation, support or division of property/debt proposal. Very often you may face just one or two questions from the judge and you may still get exactly what you requested. But the judge needed those questions for his own satisfaction.
The judgment package is re-filed with the Rejection Notice and new or revised documents that address the judge’s questions and hopefully this will satisfy the judge.
Law Offices of Don Glass
951-501-3554
www.CaliforniaOnlineDivorceAttorney.com
www.AttorneyPreparedDivorceForms.com
$395 to $995 flat fee Uncontested Online Divorce law firm
California Statewide.
