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Understand the Process of How to Get a Divorce in San Bernardino County
Filing for divorce in San Bernardino County, CA, can feel like navigating a labyrinth. You’re not just dealing with the emotional turmoil, but also a complex legal system.
Imagine walking through this process with clarity and confidence. This article is your guide. We’ll explore the necessary steps, the paperwork, and the nuances of San Bernardino County’s divorce procedures.
We’ll demystify the legal jargon, making it digestible. You’ll learn about deadlines, fees, and how to represent yourself if you choose to. We’ll even touch on what to expect in court and how to prepare.
By the end of this article, you’ll have a roadmap for this challenging journey. Ready to turn the page and start this new chapter? Keep reading to navigate your divorce with ease and understanding.
To get more info on filing for divorce in California, find a detailed overview in our article, How to File for Divorce in California.
Key Takeaways:
- Filing for divorce in San Bernardino County requires specific forms and fees.
- Learn about the eligibility requirements to make sure you are able to file in San Bernardino County.
- When filing, you’ll need to pay filing fees, but a fee wavier may be available
- Properly serving divorce papers to your spouse is essential for the legal process to proceed.
- If you don’t want to hire an attorney, you can file without one. However, there are pros and cons to doing so.
Table of Contents
Who is Eligible to File for Divorce in San Bernardino County CA?
Let’s first look at the eligibility requirements so you can make sure your are able to file your case with the San Bernardino County courts.
Residency Requirements
To file for divorce in San Bernardino County, at least one spouse must meet the residency requirements.
This means that either you or your spouse must have been residing in California for a minimum of six months before initiating the divorce proceedings. Additionally, you or your spouse must have been living in San Bernardino County for at least three months.
Same-Sex Divorce
Same-sex couples in San Bernardino County have the same rights and responsibilities as heterosexual couples when it comes to divorce.
The eligibility requirements for same-sex couples to file in San Bernardino County are the same as for opposite-sex couples. As long as you meet the residency requirements, you can proceed with filing for divorce.
Legal Separation
If you and your spouse do not wish to get a divorce but still want to live separately, legal separation is an option to consider.
Legal separation allows you to establish legal and financial boundaries while remaining married. In San Bernardino, the process of legal separation is similar to that of divorce, and the same residency requirements must be met.
Grounds for Divorce
California is a no-fault divorce state, which means that neither spouse is required to prove that the other spouse did something wrong.
The most common ground for divorce is irreconcilable differences. This refers to an irremediable breakdown of the marriage with no chance of reconciliation. Irreconcilable differences can include issues such as communication breakdown, financial disagreements, or fundamental differences in values and goals.
When filing for divorce, the court does not take into consideration the reasons for the marriage breakdown when making decisions regarding property division, spousal support, child custody, and child support.
Therefore, proving fault or placing blame on the other spouse is not necessary or relevant to the divorce process in San Bernardino County.
| Common Grounds for Divorce in San Bernardino County | Description |
|---|---|
| Irreconcilable Differences | Refers to an irremediable breakdown of the marriage with no chance of reconciliation. It is the most common ground for divorce in San Bernardino County. |
| Permanent Legal Incapacity | Occurs when one spouse is unable to make decisions due to a mental condition or disability. |
| Abandonment | Refers to the intentional and unjustified departure of one spouse from the marital home and the refusal to return. |
| Adultery | Occurs when one spouse engages in a sexual relationship with someone other than their spouse. |
| Cruelty | Refers to any physical or emotional abuse inflicted by one spouse on the other. |
Consult with a family law attorney to understand how the grounds for divorce may impact your specific case in San Bernardino County. They can provide guidance on how to navigate the process and ensure that your rights and interests are protected.
How to File for Divorce in San Bernardino County CA
Follow these step-by-step instructions to navigate the divorce process in San Bernardino County:
- Obtain the required forms. These forms can typically be found on the county court’s website or obtained in person at the courthouse.
- Fill out the forms accurately and completely. Be sure to provide all requested information, including details about you, your spouse, children (if applicable), property, and the reason for the divorce.
- Once the forms are completed, make copies of all documents for your records.
- File the original forms with the county clerk’s office. Pay any necessary filing fees at this time.
- Serve the divorce papers to your spouse. This can be done through a process server, a law enforcement officer, or by mail using certified mail with return receipt requested.
- Keep proof of service. This can include a signed acknowledgment of receipt from your spouse or the certified mail receipt.
- If your spouse responds to the divorce petition, carefully review the response and consult with a divorce attorney in San Bernardino County to ensure you understand your rights and options.
- If your spouse does not respond within the specified time period, you may be able to proceed with obtaining a default judgment.
You can file without a lawyer, but it’s a good idea to talk to a lawyer to make sure your rights are safe and everything is done right. An experienced lawyer can guide you and look out for your best interests during the process.
What are the Filing Fees in San Bernardino County CA?
Filing for divorce in San Bernardino County comes with certain fees that must be paid.
In San Bernardino County, the cost to file the initial petition is $435.
There may be other fees required by the court depending on the specifics of your case. Also, note that these fees do not include other potential costs such as attorneys fees or expert witnesses.
You can consult with the San Bernardino County court to get an accurate estimate of the filing fees for your situation.
Fee Waiver
If you are unable to afford the filing fees, you may be eligible for a fee waiver. To qualify, you must meet specific eligibility requirements set by the San Bernardino County court.
To request a fee waiver, you’ll need to fill out the necessary forms and submit them to the court along with supporting documentation. The court will assess your income, expenses, assets, and liabilities to determine if you meet the criteria for a fee waiver.
Once your fee waiver application is reviewed, the court will make a decision regarding your eligibility. If approved, you will be exempt from paying the filing fees required for divorce in San Bernardino County.
Where to File for Divorce in San Bernardino County
In San Bernardino County, divorce cases are handled by the Superior Court. The San Bernardino Justice Center is located at the following address:
Phone: (909) 708-8678
Address: 247 W 3rd Street San Bernardino, CA 92415
Hours of operation for the San Bernardino County Superior Court are as follows:
| Day | Hours |
|---|---|
| Monday-Friday | 8:00 AM – 4:00 PM |
| Saturday-Sunday | Closed |
When visiting the county court, arrive early and be prepared with any necessary documentation or paperwork. Familiarize yourself with the court’s rules and procedures to ensure a smooth process.
How to File Without an Attorney
You may be wondering if you can file without an attorney.
And while it’s often a good idea to seek legal advice when going through a divorce, it is possible to file on your own. It’s known as a pro se divorce.
When filing for divorce without an attorney, you’ll need to understand the legal requirements and procedures involved. Familiarize yourself with the divorce forms specific to San Bernardino County. You can get them from the county court’s website or by visiting the court clerk’s office. Be sure to fill out the forms accurately and provide all required information.
While navigating the divorce process on your own may save you money on attorney fees, it can also come with challenges.
Consider seeking assistance from local resources, such as self-help centers or legal aid organizations, that provide free or low-cost services to individuals representing themselves in divorce cases. These resources can offer guidance on completing forms, understanding court procedures, and providing general legal information.
Filing without a lawyer means you have to make sure the divorce papers are given to your spouse the right way and that all the needed documents are filed correctly.
It’s really important to stay organized, meet all the deadlines, and do what the court says.
Keep in mind, the court can’t give you legal advice, so it’s up to you to learn about the state and local laws and regulations.
To see how this process of filing for divorce in San Bernardino County compares to that in other California counties, check out our articles about how to file for divorce in Sacramento County and filing for divorce in San Diego County.
