Fair Cadora Family Law Image Request A Consultation

San Diego’s Most Trusted Divorce and Family Law Firm

How to File for Divorce

Divorce is an extremely painful situation coupled with the filing requirements and court appearances can send anyone into a tailspin emotionally and financially.  So what are the steps to filing for divorce in California?

First, one needs to obtain the required forms from the court that consist of the summons, petition, venue declaration,  if there are children, a declaration under the uniform child custody and jurisdictional act, a preliminary declaration of disclosures, an income and expenses declaration and a schedule of assets and debts.  Hiring an attorney will save the time and energy of going to court and getting the documents as well as save time and energy in filling out the paperwork. Also, a competent family law attorney knows the correct language to include in a petition and related documents so to protect a person’s rights in the event a matter proceeds by default when the other party fails to respond after being served.

Second, the forms need to be completed and filed with the family law court and a first time filing fee is paid unless the party qualifies for a fee waiver.  The preliminary declaration of disclosure and schedule of assets and debts are not filed with the court but should be completed and provided with the documents as stated below. 

Third, a copy of the filed divorce petition and related documents are personally delivered to the other party by a third party over the age of 18.  Once the delivery (service) is completed, the petitioner files proof that the other side was served with the court and the clock starts running for the respondent to respond to the petition which is 30 days from the date the petition was personally delivered. 

Fourth, assuming the respondent files their response within the 30 days, the parties then exchange all financial information required by the family code and various forms will be provided to each side within 60 days unless the financial documents have already been exchanged.  An attorney can assist with the proper completion of the financial disclosures also known as the preliminary declaration of disclosure.  If the Respondent does not respond to the divorce within 30 days, the Petitioner can file a default against the Respondent and then proceed to a judgment without the Respondent participating assuming the Petitioner’s financial disclosures have been provided to the Respondent via mail, email or personal delivery. 

Finally, the parties can try to reach an agreement and if they can, the court will reduce the parties’ agreement to writing and it will become a judgment for divorce.  The hearing is usually set 90-120 days from the date of filing to give the parties plenty of time to exchange documents and discuss settlement.  If the parties cannot reach an agreement, the court will set a hearing to address and decide all issues relating to the case.

In closing, there are only a few instances where a party should represent themselves in a family law matter so before filing for divorce, contact Fair Cadora to learn more. 

How to File for Divorce

Divorce is an extremely painful situation coupled with the filing requirements and court appearances can send anyone into a tailspin emotionally and financially.  So what are the steps to fil...

Different Types of Representation

What does our motto, divorce done differently, mean?  This is a question that often comes up in conversations with potential clients and the answer is quite simple… Fair Cadora provides services th...

The Dreaded Move-Away Case

Child custody litigation is some of the most emotional and costly litigation in family law for obvious reasons, namely the fact that most parents love their children more than anything and cannot b...

No Fault State and a Spouse’s Fiduciary Duty

When it comes to divorce, California is a “no fault” state which means that no matter the reason parties get a divorce, a spouse is NOT entitled to “damages” for things such as abandonment or adult...

Cooperation versus Litigation

All too often in family law proceedings, parties and their attorneys allow their emotions to control the direction the case proceeds, which always ends in the same way with the parties’ lives...

Beware the Guarantee Gremlin

Lawyers are salespeople because we sell our expertise and our time. We do not sell guarantees and you should run away from any attorney who guarantees an outcome because no matter the facts of a ca...

The Emotionally Unstable

Crazy. Nuts. Delusion. These are terms we hear everyday in our business and the reality is often much worse. Emotionally fragile people often spiral out of control and become worse and self medicat...

There is Only 1 Winner

Posted By Kevin Cadora Guess what friends? No matter what is going on in your case, you will lose. Children will be impacted, you will always pay too much support or receive too little, and propert...

The Living Nightmare

Imagine waking up to a living nightmare where everything you have built over the years and even your own children are being taken away from you. This is the reality for all our clients going throug...

The Tragic Loss of a Great Friend

On October 1, 2017 in Las Vegas Nevada at the Route 91 concert between 10:05 PM and 10:15 PM, 58 people were murdered and 546 injured by a lunatic who had no regard for anything.  One of those lost...

Request Case Evaluation

Fair Cadora Family Law Image Request A Consultation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer case evaluations to all potential clients. We want you to have the chance to connect with us and gain your trust, without added pressure. During a case evaluation, we will review the details of your case and provide you with an honest assessment of your legal options. This allows our clients to make informed decisions about their case. We believe that offering case evaluations is an essential part of our commitment to providing high-quality legal representation to the San Diego community.