Filing Fee is additional (usually $435 in most counties) and may be waived by the court based on income.
Your consultation will be scheduled within one business day to ensure timely action.
You or your spouse must be a resident of California to file (live in CA for at least 6 months and in the county for at least 3 months).
Your Divorce Attorney will advise and assist if your spouse wishes to agree on issues or responds when served.
If you wish to resolve your issues by agreement, your Attorney will prepare a Marital Settlement Agreement or Stipulation which usually avoids a court appearance. There is an additional flat fee of $500 approximate for the Marital Settlement Agreement or Stipulation.
If your spouse does not ‘respond’ and we enter a ‘default’ then a proposed judgment (an additional fee of $500) will be needed as well as a court appearance. Your Attorney will explain your options as the divorce proceeds.
Frequently Asked Questions
Can I file in California if I was married in another state or country? In which county would I file?
Filing for Divorce is based on where you live—not where you were married. In order to file in California, you must reside in the state for at least 6 months while in the county for 3 months.
Is the filing fee included in the Legal Action Workshop Divorce price?
No, the filing fee is additional. The filing fee is $435 in most counties and may be waived by the court based on your income.
How long does a Divorce take?
It takes a minimum of 6 months and 1 day from the date of service but could take longer depending on circumstances.
Can I serve my spouse personally?
No, your spouse can be served by mail if he/she is cooperative, personally by another adult who is not a child of the marriage or by a process server or sheriff.
Will I have to go to court?
Most divorces that are uncontested do not require a court appearance. Likewise, divorces in which there are no issues and that end in a ‘default’ (when the respondent does not respond) do not require a court appearance. However, a ‘default’ Divorce with issues will require an appearance before the judge. In addition, a ‘contested’ Divorce (one in which both parties do not agree on their issues) would require a trial so that the issues can be addressed.
Can I still get divorced even if my spouse refuses to sign the papers?
Yes you can still get divorced. Your spouse will need to be served personally by another adult or process server and once service is made the divorce can proceed. If your spouse resides out of state, he/she may also be served by certified mail.
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