Alameda County Divorce—The Basics

Divorce Settlement Agreement Alameda County Divorce—The Basics

Filing for Alameda County Divorce? End Your Marriage Fast!

Getting divorced is emotionally draining. The process can also be tricky and costly if you don’t know what paperwork to file and decide to hire a lawyer to help you out.

DoNotPay has prepared a guide that will make the divorce process easier and cheaper!

We’ll show you how to file for Alameda County divorce without breaking the bank and end your marriage on a friendly note.


Divorce in Alameda County—The Basics

Before filing for divorce in Alameda County, you must familiarize yourself with the laws and regulations in California:

  • Residency requirements—The Golden State laws require you or your spouse to have lived in California for at least six months before filing divorce papers. You must also live in Alameda County for three months
  • Grounds for divorceCalifornia is a no-fault state. You can get divorced if you state that your marriage is irretrievably broken. You can also get divorced on the grounds of incurable insanity. In such cases, you will need to provide medical or psychiatric testimony as proof
  • Property divisionCouples from California can divide their property and debts on their own. The court can do it for them as well. The only requirement is that the assets and debts of both parties acquired during the marriage belong to both of them equally

Types of Divorces in Alameda County

There are two types of divorces in Alameda County:

Contested Divorce Uncontested Divorce
A contested divorce is suitable for couples who can’t agree on some issues. They need to go to trial, call witnesses, and waste a lot of time on the whole process Couples who agree on most aspects of their divorce usually go for an uncontested divorce. There’s no need to go to court, and they can get divorced without hiring lawyers. The parties can settle out of court and even opt for an online divorce

Best Way To Get a Divorce in Alameda County

Choosing to file for an uncontested divorce is your best option. It’ll take much less time and isn’t as complicated as a contested one. To be eligible for an uncontested divorce, you will need to agree on the following with your spouse:

Alameda County Divorce Forms

To get an uncontested divorce in Alameda County, you will need to file the necessary forms at one of the two family court locations in the county or the official government website.

The documents you need to prepare are:

  1. Petition for divorce (FL-100)—This document needs to state whether you’re getting divorced because of:
    1. Incurable insanity of the other spouse
    2. Irreconcilable differences that have led to the breakdown of your marriage
  2. Summons (FL-110)—This paper informs your spouse that you’ve filed for divorce
  3. Declaration Under Uniform Child Custody (FL-105)—If you have any children with your spouse, this document will have to contain your current custody arrangement
  4. Child Custody and Visitation Application Attachment (FL-311)—This document is used to propose a custody visitation arrangement

You will also need to prepare a Marital Settlement Agreement. This document outlines how your property, assets, and other important aspects will be handled during the divorce. You can get it either by:

  • Creating one yourself while being careful because you don’t want to get dismissed by the court
  • Spending big bucks on a lawyer
  • Using DoNotPay and getting an agreement in a flash and with no effort

Get a Professional Marital Settlement Agreement Without Spending Big Bucks—Use DoNotPay

If you want to get this important document without paying sky-high lawyer fees or trying to create one yourself, use DoNotPay!

We can help you draft a flawless settlement agreement, and all you’ll need to do is follow these simple steps:

  1. Subscribe for DoNotPay
  2. Select our Divorce Settlement Agreement product
  3. Provide us with details regarding your assets, income, spouse, and children (if any)
  4. Select whether you want to get your document notarized

Once we process your request, we’ll draft a tailor-made divorce settlement agreement. Follow the link you receive in your email to set up an appointment with an online notary.

Need more info about your California divorce process? Check out our learning center and discover how to:

We can also help you figure out what mediation in divorce is and how it works in California.

Serving the Divorce Papers in Alameda County

Once you have all your documents ready, file the petition for divorce with the court clerk’s office. You will need to make at least two copies of the forms for you and your spouse. The court will keep the original forms.

To serve your divorce papers, you will need to:

  • Ask any adult who is neutral to the case to deliver the papers via certified mail or in person
  • Hire a professional process server or county sheriff to do it for you

The served party will have to sign a Proof of Service of Summons form, which the server will have to file with the court.

According to California State laws, once all papers are filed, it will take at least six months for your divorce to be finalized.

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