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.
Filing Fee is additional (usually $435 in most counties) & may be waived by the court based on income.
Your consultation with your Divorce Lawyer will be scheduled within one business day to ensure timely action.
In order to comply with California Divorce Laws:
- You or your spouse must be a resident of California to file (must live in California for at least 6 months and in the county for at least 3 months).