General Overview

Stage I

Step 1 - Start Your Case

Complete the documents required for Stage 1. Make 2 copies of all completed documents; one for you and one for the other party.  The originals are for the Court to keep.

Take originals and copies to the Family Law Clerk's Office at any of our three courthouses located in Grover Beach, Paso Robles or San Luis Obispo.  For more information on where each of these courthouse is located see our map.

The Family Law Clerk will assign a case number, file your originals and return the copies to you. Your case number will be given to you at the time you file your case. Your case number will begin with FL and be followed by a series of numbers.

A Fee Waiver may be available if you cannot afford to pay the $355 filing fee for the Petition or  Response. You may download the fee waiver forms for free or get them from a court clerk. The fee waiver forms are:

• Information Sheet on Waiver of Superior Court Fees and Costs FW-001-INFO
• Request to Waive Court Fees FW-001 (view sample FW-001)
• Order on Court Fee Waiver FW-003 (view sample FW-003)

If you do not qualify for a fee waiver, you must bring money to pay the filing fee.

Step 2 - Deliver Papers

Give the other party a copy of the legal papers.

The other party must receive a copy of all the legal papers, in addition to the Notice of Case Assignment and a blank Response FL-120 (for Marriages) or FL-123 (for Domestic Partnerships).

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".

If the other party won't take the papers, then the papers may be left at their feet.  The person who gave the copy to the other party must sign and complete the Proof of Service of Summons FL-115 and return to you.  Do not give the other party the original Proof of Service of Summons FL-115.  You should make a copy of the Proof of Service of Summons FL-115 and file the original with the Court.

Step 3 - Wait 30 Days

Wait 30 days after the papers were given to the other party.

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) 781-5706.

Stage II

Step 4 - Schedule and Attend Parenting Class

You must attend a class that deals with the impact of divorce and/or separation on children.  The name of the class is Children: The Challenge in Divorce.  There is a $30 fee for this class, however if you have a fee waiver order signed by the judge, the fee may be waived.  Advance registration is required so to register for the class please call Family Court Services at (805) 781-5423.  Please have your case number available when you call.

Step 5 - Financial Disclosure

Generally, before the court will grant a dissolution or legal separation, both parties must disclose to the other information about their assets, debts, income and expenses.  See a list of Financial Disclosure Forms and Instructions.

Step 6 - Decide How To Proceed

After completing Steps 1 - 5 and waiting the necessary time, you may proceed with your case in one of three different ways: Default, Uncontested or by Trial. You must choose one of the following.

• Default Instructions: If no Response was filed by the other party and there is no agreement or participation from the other party, then you may proceed by default and request to obtain the orders you requested in your Petition.
• Uncontested Instructions: Regardless of whether a Response was filed, you may proceed as an uncontested matter if you and the other party agree to everything and you type and notarize a Marital Settlement Agreement or Stipulated Judgment that conforms to public policy and contains all the correct legal provisions.
• Contested Trial Instructions: If a Response was filed and you and the other party do not agree on all the issues then you may request a trial date for the judge to decide the issues in your case.

Links to additional information are coming soon!

Step 7 - Prepare Your Final Judgment

You will need to prepare your final judgment along with other necessary documents. When the judge signs your final judgment your case will be finalized.