Filing your divorce petition and summons
For your case to be fair, the court requires everyone to have copies of the same papers and information before any orders are made.
Once you complete your forms, you need to file them with the court and pay a filing fee of $435-$450. If you are unable to afford this fee, you may apply for a fee waiver.
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Take your forms to the court clerk
Check Find my Court to find the courthouse in your county that accepts divorce filings. Look for the courthouse location that lists “Family” as one of the subjects under “Matters Served.”
At the courthouse, you’ll file the forms by giving the original and the 2 copies to the clerk.
The clerk will give you a case number and stamp the forms
The court will keep the original and return the copies to you. One is for you, the other for your spouse.
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Pay a filing fee
You’ll need to pay a fee of $435-$450 to the clerk when you file your forms.
If you can’t afford the fee, you can ask the clerk for a fee waiver. You qualify for a fee waiver if:
- You receive public benefits
- Your income falls below a level classified as low income
- You can’t afford the fee and to meet your basic needs
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Wait to see if the claim of exemption is opposed
The debt collector has 10 days (15 if the sheriff serves them by mail) to oppose your claim. If not opposed, your claim is granted, and the amount of money claimed as exempt is returned.
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In general, after a divorce, you keep your separate property and divide your community property.