Filing for dissolution of marriage in Redwood City involves a series of legal steps that may feel overwhelming without guidance. You may feel uncertain about where to begin, how long the process takes, and what requirements you must meet before filing. We help you cut through confusion by explaining each stage in clear terms. Divorce requires both emotional and legal decisions, and knowing what to expect in advance allows you to prepare with confidence. Our law firm offers direct insight into how divorces proceed in San Mateo County courts, from the first filing to the final judgment.
California Requirements for Dissolution of Marriage
Before you file for divorce in Redwood City, you must meet California’s residency rules. One spouse must have lived in the state for at least six months before filing and in San Mateo County for at least three months. If neither of you meets those requirements, the court will not accept your petition, even if both of you want to move forward. Once residency is confirmed, the divorce process in Redwood City, CA, can begin.
California law recognizes only no-fault divorce. Two divorce paths exist in California: regular dissolution and summary dissolution.
- Regular dissolution applies to most cases, especially those involving children, property division, or spousal support.
- Summary dissolution is faster but requires strict conditions, including marriages under five years, no children, limited assets, and no request for spousal support.
Filing the Initial Petition in Redwood City
The divorce begins when one spouse files a Petition for Dissolution of Marriage, formally filing for dissolution of marriage with the San Mateo County Superior Court in Redwood City. The petition lists details about your marriage, assets, debts, and children, if any. You must also file a Summons that informs your spouse about the case. Together, these documents establish your divorce within the court system. The spouse who files is called the petitioner, and the other is the respondent.
Once the petition is filed, you must pay a filing fee unless you qualify for a fee waiver. After that, you must serve your spouse with copies of the petition and summons. Proper service follows strict rules, and failing to complete this step may delay the entire case. Service provides an official notice to your spouse and gives them 30 days to respond. If they fail to respond, the court may grant a default judgment.
Along with the petition, you must complete and exchange financial disclosures. These include a Declaration of Disclosure, a Schedule of Assets and Debts, and an Income and Expense Declaration. Each form requires honesty and accuracy, since any omission could cause delays or penalties. These disclosures give the court and both parties a full picture of finances, which forms the basis for property division and support. The Redwood City courthouse staff cannot provide legal advice, so most petitioners choose to work with attorneys to ensure forms are accurate and deadlines are met.
Steps in the Divorce Process for Couples
Once your spouse receives the petition, they have 30 days to respond. If they respond, both parties exchange financial disclosures. You can request a default judgment in your favor if they don’t respond in time. California law requires both preliminary and final disclosures in all cases to ensure transparency.
When disputes arise, couples often attempt negotiation or mediation. Mediation involves a neutral professional who helps both sides reach an agreement. Successful mediation produces a written agreement submitted to the court for approval. If no agreement occurs, the case moves to hearings or trial, where a judge decides unresolved issues such as custody, support, or property division.
Dividing Assets and Debts During Divorce
Dividing property represents one of the most important parts of any divorce. California law defines the system as community property. Equal division does not always mean splitting every item in half. Once the property is divided, changes are rarely possible, which makes accuracy at this stage very important.
Child Custody and Support Considerations
Child support follows statewide guidelines that use a formula. This formula considers income, tax status, healthcare costs, and the amount of time the child spends with each parent. The goal is to ensure that children receive consistent financial support.
Schedule a Consultation with a Divorce Attorney
Divorce in Redwood City involves more than paperwork. Filing for dissolution of marriage affects property, finances, and family relationships. Attempting the process alone often leads to mistakes or delays.
Our divorce attorneys/lawyers in Redwood City, CA, guide you through every step. We help you handle disclosures, filings, negotiations, mediations, or trials. We understand how San Mateo County courts resolve disputes and provide knowledge and advocacy to protect your interests. Contact the Law Offices of Bradley D. Bayan at (650) 364-3600 to schedule a consultation with a divorce attorney.
