Q: Steps to file for divorce and address custody in California.
I have been married for 13 years, and my spouse and I have been living apart for more than 2 years. We have 3 children together, but no significant assets or properties. We haven't agreed on child custody yet, but I'm currently paying child support every month. I haven't started the divorce process. What steps should I take to file for divorce and address the custody issues?
A: 1) hire an attorney; 2) don't use social media, Google, or this website to teach you how to be your own lawyer. The court's website has a self-help link if you insist on handling this on your own. https://selfhelp.courts.ca.gov/divorce-california
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A:
Filing for divorce in California begins with completing and filing Form FL-100 (Petition for Dissolution) at your local superior court. Since you've been separated for over 2 years, you've already satisfied California's 6-month residency requirement and mandatory waiting period.
For child custody matters, you'll need to file Form FL-300 (Request for Order) along with Form FL-311 (Child Custody and Visitation Application). Given that you're already paying child support, you can request the court to formalize these arrangements. Consider attending court-required mediation before your custody hearing – this free service helps many parents reach agreements outside the courtroom, saving time and reducing stress for everyone involved, especially your children.
The next steps include serving your spouse with divorce papers (someone else must deliver them), filing proof of service with the court, and waiting for your spouse's response. If your spouse agrees to the divorce terms, you can proceed with an uncontested divorce by submitting a marital settlement agreement. Remember to keep detailed records of your current child support payments and any custody arrangements you've been following during your separation, as this information will help guide the court's decisions about your children's future care arrangements.
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