What's the difference? If you are unsure about whether you want to request a dissolution of marriage, legal separation or nullity then, you may need additional information about the difference between these options. Click the What's the difference? link above for more detailed information about each option.
In order to file a Dissolution of Marriage (divorce) case in San Luis Obispo County, at least one of the parties must have resided in the State of California for the last 6 months and in the County of San Luis Obispo for the last 3 months.
This Q&A webinar will provide an overview of the family law process and offer information about how to start, respond to, or finish a divorce, paternity or child custody and child support case. We will explain what forms to complete, how to file your documents, how to give the documents to the other party, and more. This webinar also includes a Q&A section at the end where we will gladly provide neutral information in response to your questions.
We recommend that you watch the Family Law Case Information video below for a preview of the topics that will be covered at the webinar.
*Please note that this video does not contain audio and is approximately 15 minutes long.
We have an online form preparation program available that will ask you to answer questions that are used to complete the forms needed to start a Divorce Case. This program will also allow you to print out all the completed necessary forms.
We highly recommend that you view the property video that Los Angeles County Superior Court has on their Self-Help website so you may correctly complete these mandatory forms to disclose all financial information.
If you would like the Self-Help Center / Family Law Facilitator's Office to review your forms before you file, then do not make copies until after the Center has reviewed your documents.
You must complete the following forms to start case. There are additional attachments that you may use as well. The forms are found at the California Courts website. You may click on the form links provided to print out the forms needed. You may also complete these forms on your computer or print in blue or black ink.
We highly recommend that you view the property video that Los Angeles County Superior Court has on their Self-Help website so you may correctly complete these mandatory forms to disclose all financial information.
* Complete FL-311 and FL-105 only if there are minor children of the marriage.
If you cannot afford to pay the $435 filing fee you will also need to complete the fee waiver forms below. If you do not qualify for a fee waiver, you must bring money to pay the filing fee.
Sample forms are provided to review what the forms may look like when completed.
Complete all the forms listed above.
Once the necessary forms are completed you should two hole-punch each original at the top and make two copies of the completed originals; one for you and one for the other party. The originals are for the Court to keep.
If you would like the Self-Help Center / Family Law Facilitator's Office to review your forms before you file, then do not make copies until after the Center has reviewed your documents.
Take to the Family Law Clerk's Office the completed originals and 2 copies including FL-110, FL-100, FL-160s, FL-311, FL-105, FL013 and FL-150 and if you are requesting a fee waiver FW-001 and FW-003. Do not file the original FL-140. Also do not file the ownership papers and account statements mentioned in the FL-160 Property Declarations. Courthouse Locations
The Family Law Clerk will assign a case number, file your originals and return the filed stamped copies to you. Your case number will be given to you at the time you file your case. Your case number will begin with the year your case was filed, followed by FL, followed by a series of numbers, e.g. 21FL1999.
The other party must receive:
The person giving the other party these papers cannot be you and must be 18 years or older. The person giving the other party these papers could be a friend, relative, private process server or the Sheriff's Department. This is called "personal service". It will be important to write down the date, time and address of when and where the documents were delivered.
If the other party won't take the papers, then the papers may be left at their feet.
FL-115 Proof of Service of Summons: The person who gives the legal documents to the other party must sign and complete the FL-115 Proof of Service of Summons and return it to you. Do not give the other party the original FL-115 Proof of Service of Summons. You should make a copy of the FL-115 Proof of Service of Summons for your own records and file the original with the Court.
FL-141 Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration: You must sign the FL-141 Declaration Regarding Service of Declaration of Disclosure to declare that the preliminary declaration of disclosure documents were given to the other party. You should make a copy of the FL-141 Declaration Regarding Service of Declaration of Disclosure for your own records and file the original with the Court.
Wait 30 days after the papers were given to the other party. After the 30 days, you will be able to decide how to proceed with your case. There are several options on how to proceed with your case, but which options are available to you may depend on whether the other party files a Response. The other party has a minimum of 30 days from the date of service to file their Response.
If the other party files a Response, a copy of it should be mailed to you. To check that a Response was not filed you may go to the Clerk's Office at the Courthouse or call (805) 706-3600.
If there are minor children of the marriage, you must complete an online parenting class, Parenting After Separation, that deals with the impact of divorce and/or separation on children. The online parenting class is free. For more information about the class you may call Family Court Services at (805) 706-3608.
This program satisfies the Court's requirements for parent education prior to receiving final orders. When you complete the class after registering online, you will be immediately emailed a certificate of completion. Simply file this certificate with the court in San Luis Obispo at 1035 Palm Street, Rm 385 or at the Paso Robles Branch at 901 Park Street.
There are many more forms that you must complete and file before your case is finalized. You may proceed with your case in one of three different ways: Default, Uncontested or by Trial. You or the other party must file additional documents in order for your case to be final. The court will not contact you.
After you have completed the steps to start your case, you will need to finish your case.