In California, there are three main ways to end a marriage or domestic partnership:
• Divorce
• Legal Separation
• Annulment
A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") is a legal proceeding that ends your marriage and/or domestic partnership. After a divorce, you are single and can remarry or be in a domestic partnership again. You can ask the court to make orders on the following once you file your case:
A legal separation does not end your marriage and/or domestic partnership. You cannot remarry or enter into a domestic partnership with someone else at the end of a legal separation. However, you can still ask the court to make the same orders as in a divorce. You do not need to meet California's residency requirement to file for a legal separation. If you file for a legal separation, you may later be able to file an amended petition to ask the Court for a divorce after you meet the residency requirements.
An annulment (or “nullity of marriage” and/or “nullity of domestic partnership”) is when a court says your marriage and/or domestic partnership is not legally valid. It is difficult to prove and rarely granted. A marriage and/or domestic partnership that is incestuous or bigamous is never valid and therefore void. Other marriages and/or domestic partnerships are voidable based on:
A filing fee will be charged to file a Petition for Dissolution of Marriage/Domestic Partnership/Legal Separation/Nullity. To find the current fee, please see our fee schedule. If you cannot afford the filing fee, you may complete an Application for Waiver of Fees.
Please Note: The ACCESS Center will be closed in observance of Court Holidays:
ACCESS Center
San Francisco Superior Court
400 McAllister Street, Room 509
San Francisco, CA 94102-4514
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ACCESS Center can help you with your paperwork so that your divorce will get processed without unnecessary delay.
Did you know that marking the wrong box, entering the wrong date, leaving a section blank, or forgetting to enter property information could delay your divorce judgment . Some common mistakes that will delay finalizing your case include:
THINGS TO CONSIDER BEFORE FILING YOUR CASE
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In California, there are three main ways to end a marriage and/or domestic partnership.
Either party can file for a divorce, legal separation or annulment. You do not need your spouse or domestic partner’s consent or agreement to file.
California is a “no fault” divorce state, you do not need to prove someone did something wrong. You just have to state that you cannot get along with the other party. Legally, this is called “irreconcilable differences.”
A divorce is a legal proceeding that ends your marriage and/or domestic partnership. After a divorce, you are single and can remarry or be in a domestic partnership again. You can ask the court to make orders on the following once you file your case:
A legal separation does not end your marriage and/or domestic partnership. You cannot remarry or enter into a domestic partnership with someone else at the end of a legal separation. However, you can still ask the court to make the same orders as in a divorce.
An annulment (or “nullity of marriage” and/or “nullity of domestic partnership”) is when a court says your marriage and/or domestic partnership is NOT legally valid. Annulments are difficult to prove and rarely granted. For further information regarding annulments, see California Courts Self-Help Guide on Annulment
You or your spouse must physically live in San Francisco for at least the last three months, and in California for at least the last six months at the time of filing your case.
You can file in San Francisco if you or your domestic partner live in San Francisco for at least the last three months, and in California for at least the last six months at the time of filing your case, regardless of where your domestic partnership was registered. For domestic partnerships registered in California, you can file here even if you currently do not reside in California.
You can file in San Francisco if you or your spouse live in San Francisco for at least the last three months, and in California for at least the last six months at the time of filing your case, regardless of where you were married. For same-sex couples who were married in San Francisco, you may be able to file your divorce in San Francisco even if you do not live here. However, to file in San Francisco, you must both live somewhere that does not recognize your marriage and will not dissolve your marriage.
No. You can end your marriage and domestic partnership in the same case. Just make sure on the Petition you check the boxes to request a dissolution of marriage and domestic partnership.
You can file a legal separation in California if at least one party resides in California at the time of filing.
You can amend your legal separation to a divorce once either party meets the residency requirements to file for divorce. To amend your case from legal separation to a divorce, you will need to file an amended Petition to request a divorce. You will then need to serve the other party with the amended Petition and take additional steps to finish your case.
It depends, but the soonest you can become single is 6 months and a day from the time the other party was served with your divorce papers. Keep in mind you are responsible to complete all the required steps to finish your case. The sooner you complete each step, the sooner you can finish your case.
Some common reasons are:
Filing for a divorce, legal separation or annulment is a big decision with potential consequences. The process can be complicated depending on your situation. Filing for divorce can affect an immigration or bankruptcy case, and can have certain tax implications. You may want to get some advice from an attorney before filing. You can contact the San Francisco Bar Association at (415)989-1616 to be referred to a family law attorney.
SUMMARY DISSOLUTION
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A summary dissolution is a simpler way to get divorced for married couples and/or registered domestic partners. You must meet certain requirements to file a joint summary dissolution.
Couples who agree to a divorce can file a summary dissolution if they meet ALL the following requirements:
Visit the California Courts Find Your Court Forms Webpage to get the forms you will need.
You cannot cancel or stop the divorce once a judgment is entered. However, if you decide to cancel or stop the divorce before you get a judgment, you must do the following:
You do not need the other party’s signature to revoke your summary dissolution. If the effective date of the judgment has not yet occurred, the clerk will notify you that the notice of revocation has been filed by completing the certificate on the form. Once the clerk completes the certificate, your summary dissolution case has ended. You are still married and/or domestic partners. You will have to file a new case if you want to proceed with a divorce.
HOW TO START A DIVORCE
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Most people can file and finish their case on their own without having to hire a private attorney, especially when both parties work well together. However, if you have a complex situation, you may need to hire a private attorney to assist you with your case. You can contact the San Francisco Bar Association at (415)989-1616 to be referred to a private attorney.
Keep in mind that the ACCESS Center can only provide you with legal information. We cannot provide you with legal advice.
You should have a basic understanding regarding the following topics: child custody and visitation, child support, spousal support and property division. For more information about these topics, visit the ACCESS Center webpage.
The date of separation is the date that there is a complete and final break in the marital relationship. This is determined by two factors: First, a spouse must express to the other spouse the intent to end the marriage; second, the conduct of the spouse is consistent with the intent to end the marriage. The date of separation is important because anything acquired by either spouse after date of separation is generally considered separate property rather than community property.
It is important you list ALL property. Property means both assets and debts. You should gather all your property information (list of all assets and debts) before starting your case.
If your spouse fails to respond to your Petition, you can ask the Court to find your spouse in default, which means that you can ask the Court to make orders you requested without input from your spouse. When your spouse is in default, the Court cannot make any orders regarding property that was not listed in your Petition, which is why it is important to list ALL property in your Petition.
Separate property is generally any asset and/or debt that either party acquired before date of marriage or after date of separation. Separate property is generally not divided in a divorce.
Community property is any asset and/or debt that parties acquired during the marriage, starting from the date of marriage to the date of separation. Community assets and community debts are usually divided equitability in a divorce. Determining whether something is community property and separate property can be complex. For more information about community and separate property, visit the California Courts Self-Help Guide - Property and Debts in a Divorce
Yes. Some common exceptions are student loans, gifts, or an inheritance. Regardless of when these assets or debts were acquired, they are generally considered separate property of that spouse, so long as the community did not benefit from it. You may want to consult with a private attorney to determine if something is an exception to community property.
This is called commingling. This can be complicated because it may require tracing how much of the property belongs to the individual person versus how much of the property belongs to the community. You may want to consult with a private attorney if you have any assets and/or debts like this.
Yes, it is best practice to list all property in your Petition, even if you have an agreement with your spouse. This generally includes but is not limited to: real property (land/building/houses), bank accounts, stock accounts, businesses, retirement accounts, life insurance policies with cash surrender or loan value, cars, jewelry, credit card debts, mortgage loans, car loans, student loans, etc., regardless of whose name it is under.
You will need the following forms:
If you have minor child(ren), you also need:
Visit the California Courts webpage for judicial council (FL) forms. For San Francisco local forms, please visit the San Francisco Superior Court Local Forms webpage. You can also purchase forms in Room 103 on the 1st Floor Public Viewing Room at the Civic Center Courthouse, 400 McAllister Street, Room 402 San Francisco, CA 94102. Please check court’s website for most updated office hours.
Visit the California Courts Self-Help Guide - Divorce Forms for instructions on completing the forms. The forms are available in other languages but must be submitted to the court in English.
Yes, San Francisco has many local rules, the link to which is provided below. Two important local rules include the following:
• If you are planning to use a P.O. Box address on your forms, you should file form SFUFC 11.9A (P.O. Box).
• If you do not finish your case within 18 months from when you filed your case, (no judgment), the Court will mail you a letter with a court date for a hearing. This is called the Family Centered Case Resolution (FCCR) calendar. The purpose of this hearing is to make sure cases are moving along in a timely manner.
For more information regarding local rules pertaining to family law, please review Rule 11 of the Uniform Local Rules of Court.
You may not want to use your physical address on court forms for the following reasons: domestic violence or safety concerns, living situation where mail gets lost easily, homelessness, etc. You are not required to put your residential address on your court forms. You are only required to list a mailing address. In addition, any information you provide on your court forms, once filed, will become public record. It is important for you to provide the Court with a secure mailing address because the Court uses this address to mail you court documents.
Please review the contents on your forms very carefully and date and sign all your forms. You are signing under the penalty of perjury that everything you filled out is true and correct. Any errors or inaccuracies can delay your divorce and have other consequences.
Once all your forms are completed, make two photocopies of each form. You will need to double hole-punch the top of all original forms. Put the two copies behind the original.
File all your forms in the Family Law Clerk’s Office located at the Civic Center Courthouse, 400 McAllister Street, Room 402 San Francisco, CA 94102. Please visit the Unified Family Court’s webpage for current hours.
Please visit the court’s webpage for current filing fees. If you are low income and cannot afford the filing fee, you can file a fee waiver request with the Court.
You must fill out form FW-001, Request to Waive Court Fees and form FW-003, Order on Court Fee Waiver.
The clerk will either return to you a stamped copy of the FW-003 the same day you file, or they will mail it to you later. The stamped form FW-003 will let you know if your request has been granted or denied. If your fee waiver is denied, you have ten days to pay the filing fee or ask for a hearing on your waiver by completing form FW-006, Request for Hearing About Court Fee Waiver Order. Failure to do either will result in the court striking (cancel) your divorce filing.
When the clerk files your forms, they will stamp the original form and keep it in your court file. The clerk will stamp your two copies and return them to you. One set of the stamped copies is for your own records. You must have someone serve your spouse with the other set of stamped copies, along with a blank form FL-120, Response.
There are different ways to serve your spouse. The most common and preferred way is personal service. Personal service means someone else (NOT YOU) at least 18 years old must personally hand-deliver a filed copy of your court forms to your spouse. This person is your server. For more information regarding service please visit the California Courts Self-Help Guide - Serve Your Divorce Papers.
Yes. The server will have to complete the form FL-115, Proof of Service of Summons. Submit your original FL-115 and one copy to Room 402. The clerk will return a stamped copy for your records.
Depending on your situation, you may apply for service by posting and mailing or service by publication. For more information on service by posting and mailing please visit Service by Posting. For more information on service by publication, see Service by Publication.
This can be a complex issue. You may not be able to use the above service options to serve your spouse if they are out of the country. You will need to speak to an ACCESS staff attorney or a private attorney to discuss your options.
You do not need to wait until your divorce is finalized before you can ask the court to make orders. You can ask the court to make pendente lite (temporary) orders once you file your case. Visit the ACCESS Center webpage for information on requesting child custody and visitation, spousal support and/or child support orders.
If you are the one who filed for divorce, you can dismiss your case only if other party has not filed a Response and the court has not made any orders in your case. If there is a Response on file, both parties must agree to dismiss the case. To dismiss your case, complete and file Form CIV-110, Request for Dismissal.
If the court made orders in your case, you will need to go to court to ask for permission to dismiss your case.
If you want to continue your divorce after your case is dismissed, you will have to file a new case and pay the filing fee again.
HOW TO RESPOND TO A DIVORCE
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If you agree with the Petition, you do not need to file a Response and your divorce case can proceed by default. The court may make orders based on what is requested on the Petition. You can still have a written agreement with the other party even if you do not file a Response.
Even if you agree with all the requests, it is important that you read through all the forms you were served with. There are court orders regarding children, property and insurance that are effective immediately after you are served.
You must file a Response with the court within 30 days after you were served. If you do not file a Response within 30 days, the court may make orders based on the requests on the Petition.
Complete the following forms:
If you have minor child(ren), you also need:
Make two copies of all your forms. Have someone else at least 18 years old mail one set of your copies to the Petitioner. The person who helps you mail your copies is your server. The server must complete form FL-335 Proof of Service by Mail to prove a copy of your Response was mailed to the Petitioner before you can file your Response.
Make one copy of form FL-335 after your server completes the form.
Take your original forms and the other set of copies, along with the completed form FL-335, Proof of Service by Mail and copy to the Family Law Clerk’s Office located at the Civic Center Courthouse, 400 McAllister Street, Room 402 San Francisco, CA 94102. Please visit the Unified Family Court’s webpage for current hours.
Please visit the court’s webpage for current filing fees. If you are low income and cannot afford the filing fee, you can file a fee waiver request with the Court.
It depends. You can still file a Response if the court has not entered default in your case.
FINANCIAL DISCLOSURES
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You are required to complete and exchange your financial disclosures with the other party within 60 days of filing your case. If you filed a Response, you are required to complete and exchange your financial disclosures within 60 days of filing the Response. The first disclosure packet you complete is called the preliminary declaration of disclosure. Depending on your situation, you may also need to complete and exchange a second (final) disclosure packet. You and the other party cannot agree to waive preliminary declaration of disclosures, even if you both agree to do so. Preliminary declaration of disclosure is MANDATORY.
You must complete and exchange financial disclosures EVEN if you and the other party do not own or owe property together.
You must complete and exchange financial disclosures EVEN if you do not own or owe any property or do not have income.
California law requires that you and the other party give each other written information about what you own, what you owe, your income, and expenses. This is to ensure that you and the other party are aware of everything you each own and owe, separately and together, so you can fairly divide your assets and debts according to the law. It also gives you the financial information you need to make decisions about child and spousal or partner support.
You cannot get divorced if you do not complete your financial disclosures. If you leave any assets or debts out of your paperwork, either by mistake or on purpose, your property division order may be set aside (canceled). If the court finds that you left anything out or purposely lied on your disclosure forms, the court may order that any property you did not list goes to your former spouse or domestic partner.
You will need to complete and provide the following forms and documents:
Instructions are available at the California Courts Self-Help Guide - Gather and Share Financial Information. It is important you go through each form thoroughly. Do not skip or leave anything blank. For example, on Form FL-142 Schedule of Assets and Debts, under Item No. 1, Real Estate, if you do not own a house, write in “n/a” or none.
When you have completed all the above forms with the required supporting documents attached to the forms, make one photocopy of the entire set. Keep the original set for your records and give the copies to the other party.
You can either mail the copies of your financial disclosure forms with the required attachments and tax returns to the other party; OR deliver in person the copies of your financial disclosure forms with the required attachments and tax returns to the other party.
Complete Form FL-141 Declaration Regarding Service of Declaration of Disclosure. Form FL-141 is proof to the court that you’ve completed and served your financial disclosures on the other party. Once you complete form FL-141, make one copy and bring or submit the original and copy of both forms to file at the Civic Center Courthouse, 400 McAllister Street, Room 402, San Francisco, CA 94102. The clerk will file the original form and keep it in your court file. The clerk will stamp the copy and return to you for your records. If you submit your original and copy by mail, you must include a self-addressed-stamped-envelope. DO NOT file any of your financial disclosure forms, or confidential documents with the court, (except for form FL-150, if applicable). Once a document is filed, the document becomes public record. That means anyone can have access to it.
You will also need to file form FL-150 unless you and the other party were married for less than 10 years (from date of marriage to date of separation), do not have minor children together and will finalize your case with a written agreement to waive spousal support and terminate the court’s jurisdiction to award spousal support for both parties
FINALIZING MY CASE
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If the other party does not file a response or you have a written agreement with the other party, you may be able to obtain your judgment by paper submission (you do not have to appear in front of a judge).
The forms you need will depend on your case type. Once you complete all the required forms, make two additional copies of each form. You will also need to submit 4 selfaddressed stamped envelopes (2 addressed to each party). Please submit everything at the Civic Center Courthouse, 400 McAllister Street, Room 402 San Francisco, CA 94102. On average, it can take 8-12 weeks to receive your judgment paperwork in the mail.
You will need to complete the following:
If there are assets and/or debts to be divided, you must also complete the following forms:
If you are requesting spousal support, you must also complete the following forms:
If there are minor child(ren) in the case, you must also complete the following forms:
You will need to complete the following:
If your agreement includes spousal support:
If there are minor child(ren) in the case, you must also complete the following forms:
For more information about a written agreement, visit California Courts Self-Help Guide - Finalize Divorce
You will need to complete the following:
If your agreement includes spousal support:
If there are minor child(ren) in the case, you must also complete the following forms:
For more information about a written agreement, visit California Courts Self-Help Guide - Finalize Divorce
If you have a contested case, you may need to set your case for trial in order to finish your case. Please refer to Rule 11.10 through 11.13 in Uniform Local Rules of Court, regarding trial setting. You may also want to consult with a private attorney for legal advice.
The ACCESS Center holds monthly workshops (when available) to assist self-represented litigants with the necessary paperwork to obtain their judgments. If you have questions regarding what paperwork you need to complete to finalize your case, visit the San Francisco Superior Court’s self-help webpage for available ACCESS services.