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Step by Step Guide to DivorceMart
by Divorce Wizards
- Complete our agreement and one page information sheet. Return to us via your preferred method of communication - we're flexible - online, fax, mail, Fedex, phone or in person.
- We will prepare your initial set of documents within 24 (business) hours and mail them to you for signature. Along with the documents will be specific instructions regarding where to sign and what to do. You will be asked to enclose a check at that time payable to Clerk of the Court for the filing fee. That's about $200 depending on your county.
- Upon receipt of your signed documents, we file them with the Court and request conformed copies. This generally takes one to two weeks depending on where the Court is located and how quickly they process the paperwork.
- We then serve your spouse by mail, very low key, no marshals or sheriffs 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 by law 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.
- Depending on your particular case, once the case is opened, you complete one or two more worksheets - 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.
- 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.
- 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 returning your final paperwork to me. 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. You may use your own forms to provide the disclosure however if you would like a copy of the standard Disclosure forms, we will be happy to provide them for you at no additional cost.
- Your and your spouse will be asked to sign and notarize the final documents.
- 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.
- When your divorce is final, we will mail you a copy of your case file.
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