In the state of California, you must begin a dissolution of marriage action by filing and serving the initial pleadings (paperwork): Summons and Petition. Each county within the state has its own special forms that may also need to be filed to open a divorce case. You can refer to the county's website or speak with someone at the local self-help center or clerk's office for the specific paperwork to be completed. After the initial pleadings are filed and served on the other party in the case (the Respondent), you must decide whether you are proceeding through the courts or whether you are able to work together in mediation. In mediation, the two of you would work with a mediator to identify, evaluate and resolve all issues pertaining to your specific case. The general areas of a divorce case are (1) child custody/visitation; (2) child support; (3) spousal support; (4) property division. The mediator and/or attorney will assist you in determining the steps you will need to take to conclude your case. If you two are generally amicable, you can probably work together to resolve all your issues and have a final agreement prepared for filing with the Court by the earliest date that your marital status can change from "married" to "single" individuals. That earliest date is 6 months and 1 day from the date that the Respondent is served. As an attorney and mediator, I am available to assist if you are located in or near Ventura County. Good luck.
Answered on May 02nd, 2014 at 6:02 PM