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Overview. In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce (this is called no fault divorce). You can get a divorce even if the other person doesn't want one. You can divorce to end a marriage or domestic partnership.
Make decisions about how to split property and debts, care for your children, and any spousal or child support. You can agree about these things or use a court process to have the court decide.
Start a divorce case. Here's a simple view of the steps required to start a divorce case. The process may be different depending on your situation. For example, it’s possible to get a divorce even if the other spouse (or domestic partner) doesn’t respond to the divorce papers.
You can get a divorce without a lawyer. This guide can help you with the process. Your court's Self-Help Center staff can help you with forms and offer legal information. If you have a lot of property or debt, you can hire a lawyer to help with all or part of your case.
Start an annulment case. To start an annulment, you begin by filling out and filing two court forms: a Petition and a Summons. Then, you must have the forms delivered to your spouse. This is called serving court papers. This means another adult, a server, hands the forms to your spouse.
File your divorce Petition and Summons. Once you complete your forms, you need to file them with the court and pay a filing fee of $435-$450. If you can’t afford the fee, you can ask the court to waive it.
Find a specific page or step-by-step instructions within our divorce section. Looking for copies of divorce papers? Contact the court where you or your spouse filed the case.
Start your divorce case. To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.
How to get, change, or enforce child, spousal, or partner support orders. Some family law facilitators can help you with divorce, child custody, domestic violence, and other family law issues. Refer you to your local child support agency, family court services, and other community agencies that help parents and children.
A judge has to approve how you’ll divide your property and debts. Part of your divorce involves dividing your property and debts. Property is anything you can buy or sell or has value. For example, a house, car, or furniture. It’s also things like a bank account, pension, 401k, or stocks.