Please take the time to read our Frequently Asked Questions:
- Can I file for divorce in California if I was married in another state or country? The answer to this is simply ‘yes’. Where you married has nothing to do with where you file for divorce. If you have lived in California for at least 6 months and in the county for at least 3 months, then you can file for divorce in the county in which you live.
- Is the filing fee included in the fee that we charge for the legal matters we handle? The answer to this is ‘no’. The filing fee is always additional and may be waived by the court based on your income and other factors. In addition, now that the court is moving to e-filing, there are additional small fees charged for this service. We will explain these once you sign up.
- How long does divorce take in California? In California it takes a minimum of 6 months and 1 day from the date of service to finalize a divorce. It may take longer if the parties are not cooperative or if there is a lapse in filing etc. We will keep you posted as we go through the process.
- How can I serve my spouse? Your spouse can be served by another adult, sheriff or process server. If the spouse is cooperative he/she can also be served by mail. The proof of service is filed with the court. You (the petitioner), or any children of the marriage, cannot serve.
- Is it necessary to go to court in a divorce? Most divorces do not require a court appearance when the parties are cooperative and agree on all issues. These divorces can be a result of a default (when the respondent does not file a response) and when there are no issues. Divorces with issues (like children or property etc.) may also end in a default when the parties sign off on an agreement. In short, when the parties have no issues to resolve or have issues and are in agreement over these issues, then a court appearance is usually not required. We will advise.
- Can I still divorce if my spouse refuses to sign? Your spouse does not have to sign a Proof of Service in order for you to get divorced. Although it’s always better to have a cooperative spouse, it is not necessary. In this instance the spouse would be served by another adult such as a sheriff or process server which avoids the need for the spouse to sign. Any issues that there may be would be addressed in court.
- Is our fee for a Name Change the total fees needed? Our name change fee is the amount that we charge to complete the process of a legal name change. The additional fees are the filing fee to the court and the publication fee. The filing fee may be waived by the court based on income and other factors. We will advise.
Feel free to call us with more questions @ 1-800-HELP-444 (1-800-435-7444) We’re here to help!