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(Updated 09/06/2018)

How to Get Divorce in California

Divorce case may have a long lasting lasting effect on both the spouse’s life. It involves Immigration laws , Property Rights, Child Custody Rights, Spousal Support Right and Discovery of Property.

In few cases the Identification of nature of property and custody of kids are very important. We practice family law assisting clients in what can be the most strenuous time of their lives.

We assist clients in matters involving divorce, custody and visitation rights, child and spousal support, division of property, pre and post nuptial agreements, restraining orders or domestic violence, guardianship, adoptions, and more.

We also assist clients with their post divorce estate planning which may include creation of wills, trusts, health care directives, power of attorney and business succession planning.

Grounds for Divorce

There are mainly two grounds for divorce in California :

First : No Fault Divorce

It is called the divorce on the basis of Irreconcilable differences.

You don’t have to prove anything to get the divorce. It is the most common ground for Divorce in California.

Second : Permanent legal incapacity to make decision ( Incurable insanity)

The other ground for divorce in California is permanent legal incapacity to make decision.

It is a very rare ground for divorce and almost nobody uses this. You need a Medical proof that your spouse was insane when the petition was filed-and remains incurably insane to use this ground.

Who Can File Divorce in California ?

To file a divorce in California you or your spouse must have lived in:

  • California for the last 6 months, and
  • Any of the California county for the last 3 months

For more variations and typical situations read our Frequently Asked Questions – Family Laws

Where to File Divorce in California ?

The divorce comes under state laws so the local superior court would have the jurisdiction (ability to decide).

The divorce can be filed in any county in California where you or your spouse is living for the last three months.

Here are the addresses for the Family Courts in Bay Area.

Alameda Family Law Court
2233 Shoreline Drive
Alameda, CA 94501
Hayward Hall of Justice
24405 Amador Street
Hayward, CA 94544
Family Courthouse
170 Park Ave, San Jose,
CA 95113
Family Courthouse
605 West El Camino Real,
Sunnyvale, CA 94087
Family Courthouse
301 Diana Avenue
Morgan Hill, CA 95037
Superior Court of California
400 County Center, 1st Floor,
Redwood City, CA 94063
Unified Family Court
400 McAllister St.
Department 405
San Francisco, CA 94102-4514
Peter Spinetta Family Law Center
751 Pine Street
CA 94553

For more variations and typical situations read our Frequently Asked Questions – Family Laws

How to File Divorce in California ?

To start the process though this law office you need to follow these three steps.

  1. Sign the Retainer-ship agreement and Pay the Retainer-ship Fee.
    You can download the copy of retainer-ship agreement from HERE. The minimum retainer-ship fee for family law cases is $2500.00. Read the Payment methods to make the payment.
  2. Fill the Client Intake form.
    You can download the client intake from HERE.
  3. Sign the Docs to file the divorce/Separation/Annulment case.
    The attorney will prepare the documents for your signature and will file the documents with the court after your signatures.

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