Fresno Divorce Law Firm 

California Grounds for Divorce

California family law code dictates that divorce can be granted on one of two grounds:

• Irreconcilable differences
• Incurable insanity

California is a no-fault divorce state. If you claim irreconcilable differences, you are not required to provide any proof of those differences. Even if your spouse claims that those differences don’t exist, the court can still grant your divorce. Courts in California don’t concern themselves with determining who is responsible for the irreconcilable differences.

On the other hand, if you claim that your spouse is incurably insane, you have to prove that. This could be medical records or psychiatric testimony.

How Do I File for Divorce in Fresno County?

In order to start the divorce proceedings, you must complete and file a Petition for Marriage/Domestic Partnership (FL-100). This form requests for you to list all assets and debts that you know are separate and community property. Our legal team can help you identify what property is separate (belonging to you alone) and what is community (belonging equally to each spouse). 

There are specific legal conditions that must be met for something to be considered your separate property, so it’s a good idea to let counsel guide you through the classification process. 

If you and your spouse have lived in Fresno for at least three months, and have been California residents for at least six months, you will be filing your divorce papers with the Fresno County Superior Court. It’s located at 1130 O Street by the Eaton Plaza.

California Divorce Checklist

If you are filing alone, the documents you will need to complete include:

• Summons (FL-110): This is a notice to your spouse that you are filing for divorce, “summoning” them to respond.
• Petition (FL-100): This is a notice to the courts that you are filing for divorce.
• Declaration Under UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) (FL-105): This is only necessary if you and your spouse have minor children, and its purpose is to ensure all children are accounted for in custody arrangements.
• Declaration of Disclosure (FL-140): This is to legally verify that you have disclosed any and all assets through the following two forms…
• Schedule of Assets and Debts (FL-142): This is where you will disclose all of your assets and debts.
• Income and Expense Declaration (FL-150): This is where you disclose all of your income sources and average monthly expenses.
• Proof of Service of Summons (FL 115): This is a notice to the courts that your spouse has been served your summons. You cannot personally serve your spouse. A third party over the age of 18 must serve these papers. The third party is responsible for completing this form.
• Response (FL 120): This will be completed by your spouse after he or she has been served.

You can find these forms on the website of the Fresno Superior Court, along with step-by-step instructions for completing each one. Our lawyers can also walk you through each form to make sure there are no errors that might cause headaches later.