Last Updated on December 5, 2024
In California, general divorce laws are established at the state level, meaning there are specific legal requirements all spouses across the state should follow. However, individual counties may still have unique laws, rules, and procedures related to divorce. For example, there may be differences in the filing process, required court forms, mandatory mediation sessions, custody regulations, etc. It is important to understand such local divorce specifics to handle your marriage termination more confidently, potentially minimize conflicts and delays in the process, and reduce expenses on legal assistance.
In this article, we will describe the divorce process step by step in San Mateo County, California. We will outline jurisdiction-specific filing requirements, valid grounds to start a divorce, serving procedure, and approximate expenses. Thus, you can be informed and well-prepared for the divorce process.
What Are the Requirements for Divorce in California?
To file for divorce in San Mateo County, you or your spouse need to:
- Be California residents for at least 6 months.
- Reside in San Mateo County for a minimum of 3 months.
If you have children and ask the court to issue custody and child support orders, make sure California is a home state for your kids. It will likely be enough for them to live in the state continuously for 6 months before you initiate divorce proceedings.
Before you file with the court, it is important to try reaching an agreement with your spouse if your relationships allow. If parties can negotiate all divorce-related issues, and there is nothing to dispute, the divorce will be uncontested. The fact that you reached an agreement will likely shorten the court process, reduce the number of documents needed to file for divorce in California, lower the overall costs, and make the divorce outcome more predictable.
Valid Grounds to Get Divorce in San Mateo County
California laws currently recognize 2 no-fault grounds for divorce. Therefore, neither spouse has to prove the partner’s wrongdoing to initiate the marriage dissolution process. According to the California Family Code, the grounds for divorce in San Mateo County are:
- Irreconcilable Differences. It is the most frequent reason for seeking a divorce. It means that the marriage has broken down beyond repair, and there is no prospect of reconciliation. Either spouse can declare that the marriage is irretrievably broken without the need to support this claim with some specific evidence.
- Incurable Insanity, also called permanent legal incapacity to make decisions. This ground for divorce is less common. To use it, a petitioner has to collect and provide substantial psychiatric evidence that their partner has medical issues and cannot make rational decisions.
Generally, the no-fault divorce system in California allows spouses to focus on practical matters, e.g., dividing marital assets or deciding on child-related issues, rather than naming the wrongdoer and assigning blame for the marriage breakup. Besides, it implies a less adversarial court process and less stress for all parties involved.
How to File for Divorce in San Mateo?
To file for an uncontested divorce in San Mateo County, you need to take the following steps:
- Obtain and fill out required family law forms, both mandatory and case-specific. You may review the forms you might need in the section below.
- File the dated and signed documents with the county clerk. Pay the fee for filing and take the copies of the papers you submitted.
- Ask an adult individual unrelated to the case or a professional server to complete the process of service.
- File with the court the Proof of Service filled out by a server. Your spouse will have to complete and file the additional forms you provided them with and serve you after.
- Exchange the financial forms with your spouse. After that, submit the declaration to the court, proving that the disclosure process has been completed.
- Give the forms required to finalize your case to the clerk.
- Exchange the financial forms one more time or waive this process by filing the respective form.
- After the judge signs the final Judgement, you and your spouse will receive the copies. Due to the mandatory waiting period, a marriage dissolution will be final at least 6 months after serving the initial paperwork on the respondent.
San Mateo County Divorce Forms: Types List
Here is a list of general San Mateo County divorce forms you need to prepare when applying for divorce:
- Petition – Marriage/Domestic Partnership (FL-100)
- Summons (FL-110)
- Proof of Service of Summons (FL-115)
- Response – Marriage/Domestic Partnership (FL-120)
- Declaration of Disclosure (FL-140)
- Income and Expense Declaration (FL-150)
- Property Declaration (FL-160)
Spouses with minor kids also have to submit some additional forms:
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105)
- Child Custody and Visitation (Parenting Time) Application Attachment (FL-311)
Please note that the list provided above is not final and will likely differ in your specific case. It is crucial to fill out all the forms correctly. If you omit some documents, make mistakes, or provide inaccurate information, the divorce process may be prolonged, and you may face unfavorable consequences.
If you worry about preparing divorce forms for your uncontested case, you can delegate the task to us. Our system will fill out the required case-specific documents quickly and accurately using the information you provide on your marriage and divorce.
Serving Your Spouse (Respondent)
An important stage of the divorce process is serving your spouse with the filed documents to inform the other party about the initiated marriage dissolution case. There are several options of how to do it in California:
- Personal service is the most common method used. A petitioner can ask any person over 18 and uninvolved in the case to hand-deliver the copies of documents to a defendant. It is possible to hire a county sheriff or a professional process server for this task. The server will need to fill out a Proof of Service of Summons form, which should then be submitted to the court.
- Service by Mail. In the state, it is also allowed to send documents via mail under specific conditions, such as when the respondent lives in some other country. In this case, it is possible to serve a respondent by Notice and Acknowledgement of Receipt or use certified mail with a return receipt requested. In both cases, a petitioner cannot deliver the papers themselves.
San Mateo Superior Court Filing Fees
Filing for divorce in San Mateo County, you will have to pay the fee of $435. If it is too big for you to cover due to the low income, you may file a Request to Waive Court Fees. It will include details on your finances and spending and help the judge determine whether what you are asking for is reasonable.
In San Mateo County, California, a clerk of courts will be the one to accept your forms, assign a case number to your case, stamp the papers, and return the copies to you. However, they will not be able to give you legal advice in any form. You may only ask them questions related to court procedures and the case status.
Divorce Courts in San Mateo County, California
A family court in San Mateo County that reviews divorce cases is the Superior Court. You can find the contact information of San Mateo County courts for family law and the courthouse hours here:
San Mateo County, CA Divorce and Superior Court Information
Court Name: San Mateo County Superior Court
Court Title: In the Circuit Court of San Mateo County, California
Circuit Court Location: 400 County Center 1st Floor, Redwood City, California 94063
Court Phone: 650-261-5100
Court Hours: 8am – 4pm
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