Filing for divorce in California is pretty simple – you just file a form with the clerk. After making the difficult and emotional decision (usually it’s emotional and difficult; there are exceptions), the actual filing can be a bit anticlimactic, if pricey. All you need to do is fill out the Family Law Summons, Petition, and the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is a form you need only if you have children of the marriage. All three forms are pretty straightforward, but they do need to be completed properly to ensure your rights are protected.
For example, the Family Law Petition outlines the basic issues in the case. It isn’t a formal request for anything, but rather is a form that defines the universe of the issues in your case. It is the Family Law RFO (Request for Order) or motion that gets you before the judge asking for the judge to make orders, not the Petition. So if you mark on your Petition that you want your ex to pay your attorney fees, you won’t get those unless and until you also file a court motion, which is separate from the Petition. Many of my clients come in to my office, upset that their ex has marked something on the Petition, when there’s nothing to get upset about.
Of course, once you have filed the documents, you need to serve them on your ex, which can be easy or difficult, depending on your situation. Of course, you cannot serve the documents – they must be served by someone who is not you but is over 18 years of age.
And with that, your divorce is underway…