Originally Answered: I haven't been married for 6 months yet how do I go about getting an divorce?
In order to have an judgment of nullity in California, you have to have a void or voidable marriage.
A marriage is void in cases of incest and bigamy.
A marriage is voidable in cases where one party was a minor, a current spouse was mistakenly thought to be dead, unsound mind, fraud, force, or physical incapacity.
If you do not meet any of these criteria, then you may file for Summary Dissolution if you are both in agreement and meet the following requirements:
*No children of the relationship
*Marriage is not longer than five years
*Neither party has any interest in real property
*Amounts owed on debts incurred by either or both parties after the date of marriage, excluding debts relating to automobiles, do not exceed $5,000
*The total net fair market value of community property assets (excluding automobiles and specifically including any deferred comp or retirement policies) is less the $33,000 and neither party has separate property assets with a net value of more than $33,000
*The parties have signed an agreement setting forth the division of community assets and the assumption of community debts and have executed all documents necessary to effect the agreement
*Both parties must waive any of their rights to spousal support
If your spouse does not want to participate in getting a divorce, you will have to file a standard Petition for Dissolution of Marriage.
Finally, although you can download, fill, and print the forms from the internet, you must file the documents at your county court. You may find forms and additional information at:
The above website is very helpful and is a location to get the forms you need for a California dissolution; however, some counties have specific local forms that are required. You will need to check with your local Court to see if any additional forms are necessary.
Finally, you may want to call your county court to find out if there is a family law facilitator who can assist you with the forms. If you contact a document preparer or paralegal, be aware that all the preparer or paralegal can do is fill in the forms the way you tell them to. If the preparer or paralegal answers any legal question for you, they are in violation of the law by providing legal advice without a license.
Good luck to you!