Filing for divorce is never a decision taken lightly. Whether you've been considering it for some time or find yourself facing the unexpected, knowing what to expect can help ease the uncertainty. At the Law Office of Kristine Fowler Cirby, we’ve guided thousands of clients through this deeply personal process with clarity, compassion, and over 30 years of family law experience—26 of those in Marin County.  If you’re thinking about divorce in California, here’s what you need to know:

1. Do You Meet California’s Residency Requirements? Before you can file for divorce in California, either you or your spouse must have:

• Lived in California for at least six months, and
• Lived in the county where you plan to file (for example, Marin County) for at least three months.

If you don’t yet meet these requirements, you may still be able to file for legal separation until you do.

2. California is a No-Fault Divorce State You don’t need to prove that either spouse did anything wrong. The most common legal ground is simply “irreconcilable differences”—which means the relationship has broken down beyond repair.

3. The Paperwork: Filing for Divorce To begin your case, you (the Petitioner) must file the following documents with the court:

• FL-100 – Petition for Dissolution of Marriage
• FL-110 – Summons
• FL-105 – Declaration Under UCCJEA (if you have children under 18)

These forms provide the court with essential information about your marriage, children, property, and what you’re asking the court to decide.
Once filed, there is a court filing fee, currently around $435. If you are unable to afford this, you may qualify for a fee waiver.

4. Serving the Divorce Papers California law requires that your spouse (the Respondent) be personally served with the filed documents. You cannot do this yourself, but a third party (over age 18 and not involved in the case) can serve the documents. We assist clients in coordinating service properly and efficiently.

5. The Response Period After being served, your spouse has 30 days to file a Response (FL-120). If they do not respond, the case may proceed by default. If they want to participate, we can have a default with agreement. If they do not want to participate you can still get divorced. If they do respond and there are disagreements over custody, property, or support, the case becomes contested—and we’ll work with you on strategy moving forward.

6. Exchanging Financial Information Both spouses are required to exchange Preliminary Declarations of Disclosure, which include:

• Income and expense reports
• Property and debt disclosures
• Supporting documents such as tax returns and pay stubs

These disclosures are essential to ensure a fair and transparent process, and are legally required before a divorce can be finalized.

7. Working Toward Resolution In many cases, we help our clients reach a marital settlement agreement through:

• Direct negotiation
• Mediation
• Collaborative divorce

When agreements cannot be reached, we are fully prepared to represent your interests in court. Kristine’s extensive litigation experience in Marin County ensures your case is in capable hands.

8. Finalizing the Divorce Even if everything is resolved quickly, California requires a minimum six-month waiting period from the date your spouse was served before the court can finalize your divorce. Once that period has passed and all paperwork is submitted, the court can issue your Judgment of Dissolution—and your divorce will be official.

You Don’t Have to Do This Alone Divorce is not just a legal process—it’s an emotional and often life-changing journey. At the Law Office of Kristine Fowler Cirby, we are committed to helping you move forward with confidence, clarity, and compassion.
If you're considering divorce or have questions about your options, we’re here to help. 📞 Contact us today to schedule a consultation.
Let’s talk about what’s next—and how we can support you through it.

© Law Office of Kristine Fowler Cirby. Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code.  By Kristine Fowler Cirby, Esq.

Divorce is a life-altering event that necessitates meticulous planning and preparation. The following guide is designed to help you navigate the financial, emotional, and practical aspects of divorce, ensuring you emerge from the process as strong and stable as possible.
1. Financial Preparation: A Reality Check

• Spreadsheet of Income and Bills: Create a detailed spreadsheet comparing your current income and expenses with what you anticipate post-divorce. This will serve as a crucial reality check and help you plan accordingly.
• Child Support and Spousal support: Recognize that collecting child support or spousal support can be challenging and is often less money than expected. Secure a stable full-time job and, if necessary, pursue further education to ensure you can support yourself and your children.
• Legal Fees: Ensure you have the resources to afford a competent attorney.

2. Organization and Documentation

• Financial Information Access: Make sure you have access to all financial documents, including tax records, bank statements, and account details. Make copies of everything (even just the envelopes if you are concerned about opening it). This will prevent any surprises and keep you informed about your financial standing.
• Debt Management: Pay off and close joint accounts where possible to protect both parties' credit ratings.
• Documentation: Gather essential financial documents such as tax returns, bank statements, and pay stubs. Photocopy everything to avoid accusations of withholding information.

3. Emotional and Psychological Support

• Counseling: Engage in individual counseling. A therapist can help you process the emotional aspects of divorce and provide strategies for coping.
• Support System: Find someone you trust to confide in. Your attorney should focus on legal matters, not emotional support.

4. Practical Steps and Safety Measures

• Housing: If you plan to move out, start looking for a new place to live early on.
• Inventory and Personal Property: Inventory your personal belongings, especially items with sentimental value. Take photographs of everything for documentation purposes.
• Password Changes: Change passwords for all your online accounts, including email and cloud storage. Disable any shared tracking features like "Find My Phone."
• New Bank Accounts: Open individual bank accounts and consider getting a PO box for secure communication.
• Medical Needs: Ensure all medical needs are addressed, particularly if your insurance is through your spouse.
• Digital Security: Avoid using shared computers for sensitive communications or research related to the divorce.

5. Children’s Well-being

• Consistency for Children: Coordinate a schedule to maintain as much stability as possible for your children.  You may want to engage a coparenting counselor to help you and your spouse navigate telling the children and working out other parenting issues.
• Counseling for Children: Consider child-centered counseling to help your children adjust to the changes.
• Custody Considerations: Ensure all decisions are made with the children’s best interests in mind and avoid any illegal activities that could jeopardize custody arrangements.

6. Additional Precautions

• Legal Documents: Obtain a Durable Power of Attorney and Health Care Surrogate, naming someone other than your spouse as your agent.
• Closet and Space Organization: Declutter and organize your personal spaces. This can be therapeutic and helps you manage what you need to take with you.
• Budgeting: Create a budget that reflects your new financial reality.
• Pet Care: Update your pets’ medical records and ensure all their documents are in order.

7. Learning from Others

• Inspirational Stories: Gather stories from people who have successfully navigated divorce and rebuilt their lives. This can provide hope and practical insights.

Divorce is undoubtedly challenging, but with careful preparation and support, you can manage the transition effectively. Focus on securing your financial independence, maintaining emotional stability, and prioritizing your children’s well-being to navigate this life change successfully.
​​I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office.
© Law Office of Kristine Fowler Cirby. Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. 

If you are considering filing for divorce in California, here are some important steps to take before starting the legal process:
1.                 Consult with a divorce attorney: A divorce can involve complex legal, financial, and emotional issues that require professional guidance. A divorce attorney can help you understand your rights, obligations, and options under California law, as well as provide you with practical advice on how to protect your interests and achieve your goals.
2.                 Gather financial documents: A divorce will require you to disclose your income, expenses, assets, and debts to your spouse and the court. To prepare for this, you should gather as much financial information as possible, including tax returns, bank statements, credit reports, retirement accounts, and property titles.
3.                 Consider your living arrangements: Depending on your situation, you may need to make temporary or permanent living arrangements before, during, and after the divorce. This may involve finding a new home, sharing custody of children, or negotiating a separation agreement with your spouse.
4.                 Plan for your children's well-being: If you have children, your divorce will affect their lives in many ways. You should consider their needs and preferences, as well as the legal standards for child custody, visitation, and support in California. You may also want to explore mediation or collaborative divorce options to minimize the impact of the divorce on your children.
5.                 Protect your privacy and security: A divorce can be a sensitive and stressful time, and you may want to take steps to protect your privacy and security. This may involve changing passwords, securing your social media accounts, and keeping confidential documents in a safe place.
Of course, every divorce is unique, and you may have additional or different concerns depending on your circumstances. However, by taking these steps and working with an experienced divorce attorney, you can better prepare yourself for the divorce process and increase your chances of a positive outcome.
  I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office.
 © Law Office of Kristine Fowler Cirby Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. 

If you're going through a divorce or legal separation in California and have children, one of the most important issues to consider is child custody. In California, child custody is determined based on what is in the best interests of the child.
There are two types of child custody in California: legal custody and physical custody. Legal custody refers to the right to make important decisions about a child's upbringing, such as education, healthcare, and religion. Physical custody refers to where the child will live and who will be responsible for their day-to-day care.
California courts prefer to award joint custody whenever possible, meaning both parents share in the decision-making and physical custody of the child. However, if one parent is deemed unfit or unable to care for the child, the other parent may be awarded sole custody.
When making a decision about child custody, California courts consider a variety of factors, including the child's age, health, and welfare, the relationship between the child and each parent, and each parent's ability to provide for the child's physical and emotional needs.
If you're going through a divorce or legal separation in California and have questions about child custody, it's important to consult with an experienced family law attorney who can provide guidance and help protect your rights as a parent.
  I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office.
 © Law Offices of Kristine Fowler Cirby Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. ​

If you're going through a divorce or legal separation in California and are concerned about the safety of your child during visits with the other parent, supervised visitation may be an option.
Supervised visitation is when a court-ordered supervisor is present during visits between a child and their non-custodial parent. The supervisor can be a professional, such as a social worker, or a nonprofessional, such as a trusted family member or friend. The goal of supervised visitation is to ensure the safety and well-being of the child during visits. The court does not order supervised visitation lightly. There needs to be a compelling reason to do so.
California courts may order supervised visitation if there are concerns about the non-custodial parent's ability to provide a safe environment for the child, such as a history of abuse or neglect. Supervised visitation may also be ordered if there is a risk of parental abduction, substance abuse, or mental health issues that may affect the non-custodial parent's ability to care for the child.
If you're concerned about the safety of your child during visits with the other parent, it's important to discuss your concerns with an experienced family law attorney. They can help you understand your options and guide you through the process of seeking supervised visitation.
Remember, the safety and well-being of your child should always come first, and supervised visitation may be a helpful tool to ensure your child's safety during visits with the other parent.
My experience and knowledge can help you through the divorce case process. I advise my client based on the facts and the law, with a discussion of the cost benefit analysis. Call today to schedule a consultation with my office.

 © Law Offices of Kristine Fowler Cirby Any information you obtain from this article is not legal advice. Legal counsel should be sought for the answers to specific legal questions. This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code.