Asked in Divorce for California

Q: Hi, I got married back in 2007 in El Paso Tx & that same year I separated, I'm now trying 2 file for divorce from CA &

He's in Anthony New Mexico. No kids or property so how much will it cost me to file immediately and how long is the process if he signs as well. Or What if I can't locate him will process be slower or more expensive ? Thank you..

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3 Lawyer Answers
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: There's no way to answer the cost or length question. Each lawyer sets their own price. If serving him is difficult, that will cost more. If he doesn't sign or cooperate, that will cost more. The speed at which the case will happen will depend on the county you're in also. Less densely populated counties in CA are often faster than more densely populated counties.

John Edwin Hinden agrees with this answer

John Edwin Hinden
John Edwin Hinden
Answered
  • Santa Maria, CA
  • Licensed in California

A: You must be a resident of the State of CA to file for a dissolution of marriage. Assuming you meet that requirement your soon-to-be ex will need to be served the petition and will then need to respond within 30 days. Failure to respond means you can enter a default. A final judgment cannot be entered until 6 months have passed since the date of service. How much it will cost? and how long it will take depends on how soon you can locate and get served. No one can give you a good estimate without knowing more information and you should consult with an attorney in your area to discuss this in more detail.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Brooklyn, NY
  • Licensed in California

A: If you can't find him to serve him, you can ask the court for the right to serve him via publication in his area. A simple divorce without dispute over property and children should be relatively inexpensive and quick. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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