Divorce is never easy—but understanding the legal process in California can help reduce stress, delays, and costly mistakes. At Scott Mitchell Law, we’ve helped thousands of individuals and families navigate divorce in Modesto, Stanislaus County, and throughout California. Whether your divorce is contested or uncontested, this guide will walk you through the steps, requirements, and key things to know when filing for divorce in California.
Step 1: Make Sure You Meet the Residency Requirements
Before filing, you or your spouse must meet the California residency requirement:
- You must have lived in California for at least 6 months, and
- In the county where you’re filing for at least 3 months
If you don’t meet this requirement, you may still be able to file for legal separation and convert it to divorce later.
Step 2: Choose the Type of Divorce (Contested vs. Uncontested)
- Uncontested Divorce: You and your spouse agree on all major issues (custody, support, property). This is faster, less expensive, and may qualify for summary dissolution.
- Contested Divorce: You disagree on one or more issues. This process may involve court hearings, mediation, or even trial.
We handle both contested and uncontested divorces, offering clear guidance every step of the way.
Step 3: Prepare and File the Divorce Petition
You’ll need to complete and file the following forms:
- Petition (FL-100)
- Summons (FL-110)
- Declaration under UCCJEA (FL-105) – if you have children
File the documents at your local Superior Court (in Stanislaus County, that’s the Modesto Courthouse). You’ll pay a filing fee—usually around $435—or request a fee waiver if you qualify.
Step 4: Serve the Other Party
After filing, you must legally serve your spouse with the divorce papers. This must be done by someone over 18 who is not part of the case—often a process server or sheriff.
Step 5: Financial Disclosures
Both parties are required to exchange full financial disclosures, including:
- Income and expense declarations
- Assets and debts
This step is critical—failure to do it properly can delay or even void your case.
Step 6: Finalizing the Divorce
Depending on your situation, the case will proceed in one of several ways:
- Default (spouse doesn’t respond)
- Uncontested Judgment (agreement filed with court)
- Contested Hearing or Trial
There is also a 6-month minimum waiting period before your divorce can be finalized—even if you agree on everything.
Common Issues We Help With at Scott Mitchell Law:
- Child custody and visitation agreements
- Child support and spousal support
- Division of property and retirement accounts
- Mediation and settlement negotiations
- Representation in court, if needed
Serving Clients in Modesto & Surrounding Areas
At Scott Mitchell Law, we represent clients across Modesto, Turlock, Ceres, Riverbank, and Stanislaus County. We also offer remote divorce services for clients anywhere in California, including uncontested divorce packages with affordable flat fees.
Ready to Start?
Whether you’re looking for full legal representation or simply need help preparing documents, we can guide you through the California divorce process with clarity, compassion, and experience.Call (209) 529-7406 or
Request a free consultation online at scottmitchelllaw.com