Divorce in Santa Clara County

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What we offer:

  • Case-specific court-approved divorce forms
  • Convenient platform available from any device
  • Step-by-step guidelines on how to file for divorce
  • Support agents available 24/7
  • Only $159 fixed fee

Complete Santa Clara County Divorce Forms Online

Wishing to minimize their expenses on attorneys, many couples opt for a do-it-yourself divorce in Santa Clara County. It’s quite possible in uncontested cases when spouses agree on all the property- and child-related matters and can take all the steps of the divorce process without involving experts.

Yet, finding the right divorce forms in Santa Clara County may be quite a challenge, and filling them out is not as simple as it may seem. The task must be completed very cautiously for the court to approve your paperwork. Otherwise, you may be forced to start your Santa Clara County divorce anew, wasting more time, energy, and money.

Our online service is the right place to get help with your divorce papers for an affordable price. It will cost you $159 and some 1 hour or less to complete a comprehensive online questionnaire with handy tips. Based on your answers, the system will choose and fill out the Santa Clara County divorce forms suitable for your specific case within the selected time. In addition to ready-to-file paperwork, you will get detailed instructions on how to file for divorce in Santa Clara County.

File for Divorce in Santa Clara County

To file for divorce in Santa Clara County, you must prepare the right paperwork and submit it to the local court clerk’s office. If you agree with your spouse on all the terms and choose a do-it-yourself procedure, you can even file for divorce online, saving more time and effort.

We can further facilitate your filing for divorce in Santa Clara County by providing a full set of case-specific ready-to-file paperwork. You only need to take 3 simple steps:

Check Your Eligibility

Answer a few questions on our platform to check if you are eligible for an uncontested divorce and if our service suits your needs.

Get Your Forms

Complete a full online questionnaire for our system to select and fill out the right forms for your specific case based on your answers.

Print out the Documents

Download and print out a package of completed papers and detailed instructions on the Santa Clara County divorce filing process.

Attentively check the information in the papers, sign them, notarize if needed, and submit them to the local court clerk’s office.

How to Get an Uncontested Divorce in Santa Clara County?

To get an uncontested divorce in Santa Clara County, spouses must be in agreement on all the terms concerning property and debt division, child custody and support, alimony, etc. They can avoid hiring an attorney if they can cope with the paperwork on their own and strictly follow all the steps to file for divorce as per the current legislation.

Whether you file for uncontested divorce online or in person, you must meet residency requirements stipulated by California law. Under Cal.Fam.Code § 2320, one or both spouses must have lived for at least 6 months in the state and at least 3 months in the county to be eligible for starting a legal action here.

Here’s a short guide on how to file an uncontested divorce in Santa Clara County:

Paperwork Preparation

  • Fill out a Summons, a Petition, a Family Law Notice, and child-related forms if you have children with your spouse. Clarify in advance what other forms you may need in your specific case.
  • Complete the forms in black or blue ink. Provide complete and truthful information. Avoid mistakes, typos, smudges, or crossings.
  • Make 2 copies of each document.

Filing the Papers

  • Submit the originals and copies of the documents to the clerk’s office of the Santa Clara courthouse. The clerk will file-stamp them and return you the copies.
  • Pay a filing fee of $435 or file a Request to Waive Court Fees and Order on Court Fee Waiver with the court if you cannot afford these costs.

Serving the Papers

  • Notify your spouse about the initiated divorce case by serving them copies of the filed papers and a blank Response.
  • Ask an adult person unrelated to your case to hand-deliver the papers to the respondent. It may be someone you know, a sheriff, or a professional process server. You cannot serve the papers yourself.
  • File the Proof of Service of Summons completed and signed by the server with the court.
  • The respondent must file their completed and signed Response within 30 days after being served. If they fail, you may ask for a default divorce.

Sharing Financial Information

  • Each spouse must complete a Declaration of Disclosure, an Income and Expense Declaration, and a Schedule of Assets and Debts and share them with the other party.
  • You do not need to file these forms with the court. The parties must only exchange them within the set deadline.
  • A petitioner has 60 days after filing the Petition to share these papers with a respondent.
  • A respondent must share these papers with a petitioner within 60 days after filing the Response.

Finalizing the Divorce

  • Complete the final paperwork that must include the Judgment, a Declaration for Default or Uncontested Dissolution, and a Notice of Entry of Judgment. Clarify what other forms you may need.
  • Make 3 copies of each document and submit them and the originals to the clerk’s office.
  • Under Fam.Code § 2339, the court will not start reviewing your case until 6 months from the date of service or the date of the respondent’s appearance expire.
  • The judge will sign the Judgment as soon as they review and approve the paperwork to finalize your divorce in Santa Clara County. The clerk will mail you copies of the signed and stamped papers.

Mind that these are the steps for an uncontested Santa Clara County divorce. Contested cases are more complicated and involve more steps and processes.

Where to File Divorce Papers in Santa Clara County?

To file for divorce in person, submit the papers to the clerk’s office of Santa Clara County divorce court located at:

201 North First Street

San Jose, CA 95113

Tel.: 408-792-4200

For online Santa Clara County divorce filing, visit the Odyssey eFileCA website.

FAQ

To file for divorce in Santa Clara County, you must complete the necessary paperwork and submit it to the local court’s clerk or via an e-filing system.

The initial filing fee in civil cases in Santa Clara County is $435. An extra may be charged for additional motions or supplementary services.

Due to the mandatory 6-month waiting period imposed by California law, Santa Clara County divorce may be finalized no sooner than in half a year. More complicated cases may drag on for over a year or even two.