How to Begin a Divorce in Stockton, CA

Divorces can take a while to become finalized. Unless your divorce is uncontested, you should prepare for the divorce process to take several months — and perhaps even longer, depending on the issues to be resolved. But regardless of how long a divorce takes to play out, all divorces in California begin the same way. And as the old saying goes, a journey of a thousand miles begins with a single step. If you’re considering filing for divorce, a Stockton divorce attorney can help you take that first step. 

Make Sure You Meet the Residency Requirements 

The residency requirement for getting divorced in California is fairly straightforward. To file for divorce, either you or your spouse must have lived in California for the past six months and in your current county (in the Stockton metro area, that’s San Joaquin) for the past three months. 

Complete Your Petition and Summons 

The first step in the divorce process is for the petitioner (i.e., the person who is seeking the divorce) to complete a petition for dissolution of marriage and a summons to be served on the respondent (i.e., the spouse of the petitioner). The petition asks for the following information: 

• The legal relationship between the parties
• Confirmation of residency requirements
• The date the couple was married and the length of the marriage
• Whether there are any minor children 
• The legal grounds for the divorce (almost always “irreconcilable differences”) 
• How child custody and visitation are to be handled   
• Provisions concerning child support
• How alimony is to be handled 
• The couple’s separate property
• The couple’s community property

You must also complete a property declaration for both separate property and community property so that the court can make an accurate property division. If you and your spouse have minor children,  you must also complete a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. The summons provides notice to your spouse that he or she has been sued for divorce. 

File Your Petition and Summons 

The next step is to file your petition, summons, and any other documents with the court clerk of the Superior Court of California, County of San Joaquin. The filing fee ranges from $435-$450. The clerk will then give you a case number.  

Serve Your Divorce Papers 

The last step to begin the divorce process is to serve your papers on your spouse. You cannot do this yourself; you must find someone else to hand-deliver the papers to your spouse. That person, known as a “server,” can be anyone over the age of 18 who is not a party to your case. After your server has served the papers, they must complete a proof of service of summons, which you must then file with court where you filed your petition and summons. Once your spouse has been served, your divorce has officially begun. 

Get Started With a Stockton Divorce Attorney 

If this process sounds overwhelming, don’t worry. You don’t have to do it by yourself. The best way to begin the divorce process is to hire an experienced attorney. To get started, please contact a Stockton divorce attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.