Filing for Divorce in California

Experienced Family Law Counsel for Clients in San Diego 

In San Diego, every divorce must follow the same procedure established by California law. The process begins with filing a Petition for Dissolution of Marriage. Only one spouse can file the Petition to start the case. California does not allow the parties to file jointly, even if they agree on all terms.

The Petition is filed at the courthouse with jurisdiction over the filing party’s address. In San Diego County, family law cases are handled in four courthouse locations: 

• Central Division (downtown)
• South Bay
• East County
• North County

The filing party’s zip code determines jurisdiction. The Superior Court of California, County of San Diego's website confirms where to file, or you can consult one of our knowledgeable attorneys at Andrew J. Botros, APC. 

Want to discuss your divorce or family law matter with a San Diego attorney at Andrew J. Botros, APC? Call (858) 422-1377 or contact us online to schedule a phone, office, or virtual consultation. 

Serving the Petition

After filing, the Petitioner must properly serve the Respondent with the Petition and all required documents. Proper service is critical, as it triggers various legal protections and obligations, including the Automatic Temporary Restraining Orders (ATROS) that apply in every divorce case.

Once served, the Respondent has 30 days to file a Response. If no Response is filed, the Petitioner may request a default judgment. While defaults may seem straightforward, they are often challenged and can be overturned, so it is vital to seek legal guidance whether you are filing or responding.

Financial Disclosures

Both parties must exchange financial information early in the process through Declarations of Disclosure. 

These include:

• Income and Expense Declaration (Form FL-150)
• Schedule of Assets and Debts (Form FL-142)

These forms are usually exchanged between the parties rather than filed with the court. Each spouse must then file a Declaration Regarding Service of Declarations of Disclosure to confirm compliance. Because these documents directly impact property division, child support, and spousal support, attorney review is highly recommended.

The Family Resolution Conference

Soon after the Petition is filed, the court will schedule a Family Resolution Conference (FRC). This is essentially a “check-in” where the judge reviews the case's status, ensures the parties have exchanged disclosures, and encourages them to get on track to resolve their divorce. 

Why Legal Representation Matters

The procedure for getting a divorce can be complex, and it is strongly recommended that parties hire an attorney to represent them or consult with them about their case. Filing, service, or disclosure errors can delay proceedings or affect your legal rights. An experienced family law attorney helps you avoid mistakes, understand your options, and work toward the best possible outcome.

At Andrew J. Botros, APC, we guide clients through every step of the process, from filing the Petition to the final judgment. Our team includes multiple Certified Family Law Specialists who bring exceptional expertise and skill to every case. Our San Diego attorneys share 90+ years of collective experience resolving divorce and family law issues.

Call (858) 422-1377 or complete our online contact form for a confidential consultation with one of our family law attorneys at Andrew J. Botros, APC today.