What documents are needed to start the divorce process? What is the typical cost to complete a divorce? How long does it take?

Asked over 1 year ago - Simi Valley, CA

We've been married for a long time. Our children are adults and we are both retired.

Also, I have medicare through my wife. Will I lose it if I divorce from her?

Attorney answers (4)

  1. Terry Anne Buchanan Esq.

    Pro

    Contributor Level 6

    6

    Lawyers agree

    Answered . The initial pleadings necessary to start your case are like all legal matters: a Petition and Summons. Thereafter, each party is required to complete disclosure documents to insure everyone has the same information as to assets/debts and income/expenses. Your matter could be resolved through the services of a mediator who can assist you in preparing all the forms and work with you and your wife to reach an amicable agreement without the need to expend the costs of retaining two attorneys. The length of the process is more in your control when mediating rather than the courts who have busy calendars

    This answer does not constitute legal advice, and should not be relied on, as each party and case require fact... more
  2. Amy Lynne Stavis

    Contributor Level 3

    6

    Lawyers agree

    Answered . I would highly recommend that you check on-line to see if your local Family Court has a website that helps instruct people as to the needed forms. There could be some local forms that are required. I practice in Santa Clara County, and there are two local forms that accompany the standard CA forms. There are some decent self-help books out there, but the Court, self-help clinic, or local Bar Association may have some information for you to look through. It is not necessarily difficult to file for divorce, but there are certain forms needed and certain requirements that you need to know about the how to complete the particular forms. It can be overwhelming for people...sometimes even one consultation with an attorney will be enough to help you complete a "simple" filing.

    This is not intended to be complete legal advice since more of your situation should be known and described to an... more
  3. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You can start with FL-100 and FL-150. Uou must attache your last two pay stubs to the FL-150. It may take you 7 months maybe more. It all depends on your paperwork. You might want to go to a lawyer and get help filing your papers. It seems as if you both are already retired, so there might be little in spousal support issues. You have not addressed the community property, but you are entitled to half of that. The cost for a simple divorce is between $1,200 to $2,500.0 depending of your area. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., 'El Abogado Hispano de California, and it is of a general... more
  4. Daniel Seth Williams

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Forms are available from the State http://www.courts.ca.gov/forms.htm?filter=DI

    You should check the website of your counties court, as most have self-help that can guide you through the process.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more

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