Step by Step Guide to DivorceMart

1. Complete our agreement and simple information sheet. You will need names, addresses, phone numbers, dates of birth, date of marriage, date of separation and a valid credit card.

2. We will prepare your initial set of documents within 24 (business) hours and e-mail them to you for printing and signature. Along with the documents will be specific instructions regarding where to sign and what to do. You will be asked to return the documents by mail and enclose a check at that time payable to clerk of the court for the filing fee. This fee is usually $350 depending on your county of residence.

3. Upon receipt of your signed documents, we file them with the court and request conformed copies. This generally takes from two days to two weeks depending on where the court is located and how quickly they process the paperwork.

4. We then serve your spouse by mail -- it is very low key -- no marshals or sheriffs are involved. Your spouse is asked to sign an acknowledgment of receipt of service. The date this form is signed is the date the six-month clock starts ticking for the divorce to be finalized. We are required to provide a blank response form to your spouse in the event they wish to file, making the case a contested one. If that occurs, we can help you mediate an agreement either in person, by phone or via e-mail. If your spouse refuses to sign the acknowledgement, you will need to engage a process server or have someone other than yourself hand them the papers and sign a form stating they did so. We can make arrangements for process service if you desire. You would be responsible for the additional costs of the process server.

5. You and your spouse are both required by California law to disclose your assets and liabilities, income and expenses to each other twice during the process. The preliminary disclosures must be done within sixty days of filing the petition. Your final disclosures must be completed prior to signing your marital settlement agreement. You will be asked to sign, under penalty of perjury, that you have disclosed complete financial information to each other including income and expenses, assets and liabilities. You will be asked for the date you did that and the method of service used: personal, mail, other.

6. Depending on your particular case, we will send you one or two more information sheets -- one requesting information about your children, the other requesting information about your property distribution. This information serves as the basis for your marital settlement agreement. If you do not have a marital settlement agreement (the Silver Package), we will skip this step.

7. It takes us a few weeks to prepare your final documents, less if there is no marital settlement agreement. This doesn't delay the six-month period since we've already established that.

8. You and your spouse will be asked to sign the final documents and notarize the Marital Settlement Agreement.

9. We will file the final documents with the court. The court takes anywhere from four to twelve weeks, maybe even longer to sign off on the papers. That's one reason to complete the documents promptly and return for filing.

10. When your divorce is final, we will mail you a copy of your final judgment. If you need a certified copy of your judgment, you can get one directly from the court or we can get it for you for an additional fee of $75 with no MSA; $100 with an MSA. You will need a certified copy of your judgment if you are changing your name.

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