On a quiet afternoon in Valencia, it’s not unusual to see couples walking near the Westfield Town Center or families enjoying the paseos that wind through the neighborhood. But behind closed doors, life can look different. When a marriage reaches its breaking point, knowing where to start can feel impossible. Emotions are high, and the future feels uncertain.
If you’re thinking about divorce, you’re not alone. Many people across the Santa Clarita Valley find themselves in a similar situation. They are unsure how to begin or what filing for divorce in CA actually involves.
This step-by-step guide walks you through how to file for divorce in Valencia, CA, how long it takes, and addresses common questions. If you need personal guidance beyond this overview, contact us online or call (661) 799-9140 to speak with our team and start finding clarity about your next steps.
Step 1: Confirm Residency
Under California law, at least one spouse must have lived in California for six months and in Los Angeles County for three months before filing for divorce. If not, you may need to wait or file for legal separation first. The court will verify residency through your address history. Gather documents like utility bills or a driver’s license to confirm eligibility before filing.
Step 2: Choose the Type of Divorce
California has two main types of divorce:
- Uncontested divorce. Both spouses agree on all terms like custody, support, and property division. It’s typically the easiest way to get a divorce in California because it avoids lengthy court proceedings and allows couples to finalize their divorce through paperwork and minimal hearings.
- Contested divorce. When spouses disagree on important terms, a judge must decide unresolved issues. These cases often involve discovery, mediation, and multiple court appearances, so they are typically more time-consuming and expensive.
Even amicable divorces benefit from an attorney’s guidance. We can help you avoid costly errors and ensure all agreements are legally binding and enforceable.
Step 3: File the Necessary Forms
Filing for divorce in California requires submitting the correct forms to the proper court and paying the necessary fees to start your case. You’ll file your divorce paperwork at the Los Angeles County Superior Court, or through the Santa Clarita Courthouse if you live in Valencia. Common forms include:
- Petition for Dissolution (FL-100);
- Summons (FL-110); and
- Child Custody Declaration (FL-105) if you have children.
You may also be able to file online. There’s a filing fee of approximately $435 – $450. If you can’t afford the filing fee, you may qualify for a fee waiver based on your income, public benefits, or financial hardship.
Step 4: Serve Your Spouse
Your spouse must be formally served by someone over 18 who isn’t part of the case. You must serve the other person so they’re officially notified of the divorce and given a fair chance to respond before the court moves forward.
The server completes a Proof of Service (FL-115), which is filed with the court. Your case cannot proceed without proper service.
Step 5: Wait for a Response
Your spouse has 30 days to respond. If they don’t, you can request a default judgment. If they respond, you’ll begin negotiating or exchanging financial information through discovery.
Step 6: Exchange Financial Disclosures
Both spouses must share complete financial information, including:
- Income and expenses;
- Assets and debts; and
- Tax returns from the last two years.
This transparency enables the court to make fair decisions regarding property and support. Hiding assets during a divorce is illegal in California and can result in severe penalties, including fines, loss of property rights, or contempt of court.
Step 7: Negotiate or Mediate
Most divorces settle outside court. Negotiation and mediation help spouses reach agreements on issues such as custody or support with the assistance of a neutral third party. If you agree, you’ll submit a Marital Settlement Agreement to the court for approval. If no agreement is reached, the case moves to trial.
Step 8: Finalize Your Divorce
Once all steps are complete, the court issues a Judgment of Dissolution of Marriage, legally ending your marriage. California law requires a six-month waiting period from the date of service before divorce can be final.
Do Both Parties Need to Agree to a Divorce?
If you’re wondering, Do both parties need to agree to a divorce?, the answer is no. Under California’s no-fault divorce laws, one spouse can proceed even if the other doesn’t agree. Cooperation helps make the process faster and smoother, however.
In California, you also don’t need to prove fault to get a divorce. The state recognizes two legal grounds: irreconcilable differences, meaning the marriage cannot be repaired, and permanent legal incapacity to make decisions, which requires medical evidence to substantiate.
Why Choose Barnholtz & Kugler
Divorce marks the end of one chapter and the uncertain beginning of another. With steady legal guidance, that uncertainty can become an opportunity to rebuild your life on firmer ground.
With more than 60 years of combined legal experience, attorneys Brad Barnholtz and Heidi Kugler have guided families throughout California through divorce. We offer:
- Personalized support to fit your family’s needs;
- Efficient strategies to minimize conflict; and
- Local experience with Los Angeles County courts.
We combine practical legal expertise with compassion to help you move forward with confidence.
If you’re curious how to file for divorce in Valencia, CA, contact our office today. Meet with a Valencia divorce lawyer who will guide you through each step and protect what matters most. You can also contact us online or call (661) 799-9140 to take the first step toward a more secure and confident future.
Frequently Asked Questions About Filing for Divorce in Valencia
Below are answers to some of the most frequently asked questions we get about the divorce process.
Where Do I File for Divorce in Valencia?
Most cases go through the Los Angeles County Superior Court’s Santa Clarita Courthouse. You can also file online through the California Courts portal.
How Long Does the Divorce Process Take?
California requires a six-month waiting period after serving your spouse before finalizing a divorce. Complex cases may take longer, especially if disputes arise over custody, support, or property division, or if either party delays responding to court requests.
Can I File Without an Attorney?
Yes, but divorce forms and procedures can be complicated. An attorney helps avoid mistakes and unnecessary delays.
What Forms Do I Need?
You’ll need the Petition (FL-100), Summons (FL-110), and, if you share children, the Child Custody Declaration (FL-105).
How Much Does It Cost to File in Valencia?
The filing fee is about $435 – $450. Fee waivers may be available for those with limited income.
Resources:
- California Family Code: Grounds for Dissolution or Legal Separation – Link