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How do I go about filing for divorce?
Question: What steps would I need to take to file for a divorce? --Kim, Willows.
Answer: Every dissolution of marriage starts with a petition. The petitioner is the person who first files papers and gets the case started. The respondent is the other party. A response need not be filed, but it is a good idea, otherwise the inactive person does not participate in the case and has nothing to say about when or how the divorce is completed, unless there is a written agreement.
To get the case started, a petition is filed with the Superior Court. It is then served on the other spouse. After a petition is filed there are three ways to get a judgment of dissolution.
1. By default;
2. By contest; or
3. By written agreement
In a default case, respondent is served with the petition but does nothing. No response is filed, so the case is completed by default without participation by respondent. Default should be used only if you have little property or debts, no children and no need for spousal or partner support or in cases where respondent is long gone or refuses to participate.
If the respondent does not file an answer you may take his or her default. When additional paperwork has been completed and filed, your divorce may become final six months and one day after the respondent was served (handed) the petition and summons. Your marital status cannot be terminated (and you are not free to remarry) any sooner than six months and one day after the respondent has been served.
Should the respondent file a response, the dissolution becomes contested and may take longer, depending on whether or not the parties can come to agreement regarding all of their issues, including custody of the children, property division and spousal support.
Ask the Court is written by Glenn County Superior Court administration staff. E-mail questions to askthecourt@glenncourt.ca.gov or mail to Glenn County Superior Court, Attn: Ask the Court, 526 W. Sycamore St., Willows, CA 95988. Questions may be submitted anonymously.
