Separating your life from another person is never easy, but there are ways to make the process smoother and as peaceful as possible. You’ve likely heard stories about people going through contentious, drawn-out divorces that leave them with no chance of maintaining an amicable relationship with their ex-partner. It doesn’t have to be that way. We will review the basics of how to file for divorce in San Diego in this blog and help guide you through the next steps.
How Do I Even Begin the Divorce Process?
The first step is to assess whether you and your partner are amicable enough to sit down and discuss how to separate your lives. If you believe this is possible, mediation is an excellent option. Mediation focuses on finding mutually agreeable solutions, often making the process less stressful and more cost-effective. If you anticipate significant tension or conflict, you might need to start with legal representation, but having a consultation with a mediator is a great place to start.
I’m Ready to File for Divorce in San Diego—What Do I Do?
Once you and your partner decide to move forward, filing a Petition for Dissolution is the first step. Here’s what you’ll need:
- Petition (FL-100): This officially begins the divorce process.
- Family Law Case Cover Sheet (Form D-049): Ensures your case is assigned to the correct courthouse.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA or FL-105): Required if you have children.
- Summons (Form FL-110): Notifies the other party (the “respondent”) of the case.
- A filing fee of $435 is required to submit these documents to the court. You can file the forms in person at the courthouse or by mailing them to the address listed on the top of the court forms. For any clients who work with West Coast Family Mediation, we take care of all of the filing for you.
I’ve Filed the Petition—What Happens Next?
After filing your petition, the court will return a stamped copy, which means your case is now active. The next step is to serve the petition documents on your spouse (the respondent). This officially starts California’s six-month waiting period before a divorce can be finalized.
Can I File on My Own, or Should I Hire Help?
The decision is yours. Many people file on their own, relying on resources like the court’s self-help office for guidance. However, if you find the process overwhelming or confusing, our office is here to help. We can handle the paperwork, guide you through the process, or provide referrals to trusted attorneys if needed. Additionally, if litigation is the best option for you, our office can connect you with trusted attorneys who can help make the process as smooth as possible. And if at any point you want to transition to mediation after beginning litigation, we’d be happy to continue the process where your attorney left off.
Whether you choose to go it alone or seek assistance, know that you’re taking an important step toward starting a new chapter in your life. Would you like more information about how to file for divorce in San Diego? Call us at (858) 707-5133 or submit a contact form to learn more.