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superior court home / family law / divorce/dissolution of marriage
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| Family Law |
| Divorce/Dissolution of Marriage |
Introduction
Filing an Uncontested Divorce
Summary Dissolution
Regular Dissolution
Legal Separation
Annulment (Nullity of Marriage)
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Introduction
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The Divorce/Dissolution of Marriage branch of Family Law processes the following types of cases:
- Dissolution of Marriage (Divorce): A dissolution of marriage, which is more commonly known as divorce, terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, asset and debt division, former name restoration, and even restraining orders.
- Legal Separation: A legal separation case is similar to a dissolution of marriage in terms of the range of issues that are resolved in the case, except that the parties remain married to each other.
- Annulment (Nullity of Marriage): A proceeding to declare a marriage void and not legally valid.
The information on this page covers UNCONTESTED divorces, separations, and annulments; for help on a contested divorce, separation, or annulment, visit the California Courts/Judicial Council Self Help Center (Opens new window) on this topic.
For further general information, visit the California Courts/Judicial Council Self-Help Center - Divorce, Separation, Annulment (Opens new window)
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Filing an Uncontested Divorce
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Summary Dissolution
Regular Dissolution
Legal Separation
Annulment (Nullity of Marriage)
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Summary Dissolution
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| Overview: |
A Summary Dissolution is possible for couples who:
- Have no children together
- Have been married five years or less
- Do not own very much
- Do not owe very much
In a Summary Dissolution both parties will sign a joint petition.
For more information, visit The California Courts/Judicial Council Self-Help Center (Opens new window) on this topic.
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Fees:
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See Fee Schedule
Make checks and/or money orders payable to Kern County Superior Court
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| Process: |
With a Summary Dissolution, no court appearance is necessary.
Overview of process:
- Both husband and wife prepare and file a Joint Petition for Summary Dissolution (PDF - Opens new window) together with an optional property settlement agreement.
- After a six-month waiting period, during which either party can stop the process if he or she changes his or her mind, both parties must submit the paperwork for the Final Dissolution Order.
Couples who choose this method of getting a divorce do not have the right to ask for a new trial or the right to appeal the case to a higher court.
Steps to Obtain a Summary Dissolution if you are representing yourself:
- Contact the court in your local area and request a Summary Dissolution packet.
Fees: $3.00 in person or $4.00 if requested by mail
- Read and follow the information booklet/instructions provided with the packet before completing the forms and filing them with the court.
- Both parties must sign and date all copies of the Joint Petition for Summary Dissolution (PDF - Opens new window) and the Property Settlement Agreement form.
- Attach a copy of the Property Settlement Agreement form to each copy of the Joint Petition for Summary Dissolution (PDF - Opens new window) .
- File all copies with the Court. The clerk will:
- stamp the date on all copies
- keep the originals of each document
- return the remaining two (2) copies to you. One is for the husband and one is for the wife.
- Pay the filing fee of $289.50.
- Place your copies of all the documents in a safe place.
- Wait six months.
- After the six month waiting period, complete three (3) copies of the Request for Final Judgment form.
- Bring all copies to the court with a self-addressed, stamped envelope for both parties.
Please Note: Either party may file the Joint Petition for Summary Dissolution (PDF - Opens new window) and the Request for Final Judgment with the court after both parties have signed both documents.
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Regular Dissolution
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| Overview: |
Through this process, parties can:
- divide assets and debts
- receive custody and visitation orders
- receive child and/or spousal support orders
- terminate the marriage relationship
With a regular dissolution, a court hearing or trial may be held. If either spouse is unhappy with the judge's final decision, that spouse may appeal.
For more information, visit The California Courts/Judicial Council Self-Help Center (Opens new window) on this topic.
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Fees:
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See Fee Schedule
Make checks and/or money orders payable to Kern County Superior Court
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| Process: |
Overview of process:
- Contact the court in your local area and request a Regular Dissolution packet. Please indicate whether there are children as a result of the marriage.
- Fees: $4.00 in person or $5.00 if requested by mail
- Read and follow the information booklet/instructions provided with the packet before completing the forms and filing them with the court.
- The Petitioner's name, address, and telephone number must be typed in the upper left-hand corner of the forms where indicated. After forms have been typewritten, you will need to make at least two (2) copies.
- Present the completed "Petition" and "Summons" forms to the clerk at the counter. The filing fee of $289.50 will be collected and a case number assigned which must be indicated on all subsequent documents submitted for filing.
- The Summons and the Petition with any attachments will be filed. A copy of the Summons and the Petition must be served to the Respondent. The Petitioner MAY NOT serve the Respondent.
Options for Serving Papers
If you have papers to be served, you may do any of the following:
- Drop the papers at the following address:
Kern County Sheriff's department, Civil Division
1415 Truxtun Avenue
Bakersfield, CA 93301
- Ask someone over 18 years old who is not a party to the action to serve the papers
- Hire a private process server
- The person serving the copy of the Summons, Petition and attachments must complete all the appropriate sections on the Proof of Service form. The court acquires jurisdiction the date the Respondent is served.
- The Summons and completed Proof of Service must be filed with the court
- The request to Enter Default, Income and any other required attachments, Proposed Judgment, or a copy of a NOTARIZED marital settlement agreement may be submitted for filing 31 days after the court acquired jurisdiction of the Respondent. Default will not be entered if a response is on file. You may apply for a hearing date for default or submit a Declaration for Default or Uncontested Proceeding. Please check with the clerk for your court date.
All paperwork necessary to complete a dissolution must be submitted to the court and signed by a Judge before the dissolution becomes final. If you are unsure of any of these steps, please contact your local court.
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Legal Separation
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A couple might choose to get a judgment of legal separation if they want to live apart but do not want to get divorced. This might be for religious reasons or because an ill spouse is still covered by the other spouse's health insurance policy.
A judgment of legal separation will describe how the couple will handle the money and, if they have children, parenting issues. Because the couple remains legally married, neither party may marry someone else.
The procedures are the same as in dissolution.
For more information, visit the California Courts/Judicial Council Self Help Center (Opens new window) on this topic
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Annulment (Nullity of Marriage)
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An annulment is a proceeding to declare a marriage void and not legally valid. If you are seeking an annulment, or nullity of marriage, you will need to prove in a court hearing that your marriage satisfies one of the grounds listed below. These must have applied at the time you and your spouse married:
- Incest: incest means that spouses are close blood relatives.
- Bigamy: bigamy means a spouse was knowingly married to another living person at the time of marriage.
- Underage: underage means a spouse was below age 18 years at the time of marriage and did not obtain parental consent or a court order permitting the marriage.
- Prior Existing Marriage: prior existing marriage means a spouse married on the mistaken belief that his or her previous marriage had ended in the death of the other spouse, who in fact was still living.
- Unsound Mind: unsound mind means a spouse could not and has not formed the intent to marry due to a medical condition.
- Fraud: fraud means deception regarding a significant matter that led to the marriage and continued until the breakup.
- Force: force means threats or acts of harm were used to force one spouse into the marriage.
- Incapacity: incapacity means a spouse was and continues to be physically unable to consummate the marriage.
An annulment restores the parties to the status of not having been married.
The procedures are the same as in dissolution.
For more information, visit the California Courts/Judicial Council Self Help Center (Opens new window) on this topic
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| Superior Court of California, County of Kern court employees are prohibited from giving legal advice per section 24004 and 68082 of the Government Code. In addition, court employees may not give advice as to which legal forms to use or how to complete the forms.
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