Introduction

Divorce can be one of the most challenging experiences in life, but understanding the process can help you navigate it with greater confidence. If you’re residing in Ontario, California, and have decided to file for divorce, this blog post will guide you through the steps to start your case in court. Ontario is located in San Bernardino County, so all divorce proceedings are handled by the San Bernardino Superior Court.

Step 1: Confirm Your Eligibility

Before filing for divorce in Ontario, California, make sure you meet the residency requirements. At least one spouse must have lived in California for the past six months and in San Bernardino County for the past three months. If you don’t meet these requirements, you may need to wait or consider filing for legal separation instead.

Step 2: Prepare Your Forms

California divorce cases begin when you file specific forms with the court. The key forms include:

Petition (Form FL-100): This form starts the divorce process and outlines your requests regarding property, children, and support.
Summons (Form FL-110): This notifies your spouse that a divorce case has been filed.
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, Form FL-105): Required if you have children under 18.

Step 3: File Your Forms with the Court

Take the completed forms to the Family Law Division of the San Bernardino Superior Court. The closest courthouse for Ontario residents is typically the Rancho Cucamonga District, but check the San Bernardino Superior Court website for the most up-to-date filing locations. You’ll need to pay a filing fee (currently around $435, but fees are subject to change). If you can’t afford the fee, ask the court clerk about a fee waiver form (FW-001).

Step 4: Serve Your Spouse

Once you file your paperwork, the next step is to “serve” your spouse with copies of the documents. This means someone over 18—not you—must hand-deliver or mail the papers. You’ll also need to file a Proof of Service (Form FL-115) with the court to show that your spouse received the paperwork.

Step 5: Await Response and Next Steps

Your spouse has 30 days to respond to the divorce petition. If they respond, the process may become contested, and you’ll need to prepare for negotiations or a court hearing. If they don’t respond, you may be able to request a default judgment. Throughout the process, you’ll need to exchange financial information and possibly attend mediation if children are involved.

Step 6: Finalizing the Divorce

California requires a mandatory six-month waiting period from the date your spouse is served before a divorce can be finalized. During this time, work through custody, support, and property division issues. Once everything is resolved, submit a proposed judgment (Form FL-180) and any required agreements to the court for approval.

Helpful Resources

San Bernardino Superior Court – Family Law Division
California Courts - Divorce Self-Help
California Judicial Council Forms

Conclusion

Starting a divorce case in Ontario, California, is a structured process governed by state law and local court rules. While the steps may seem overwhelming, taking them one by one will help you move forward. If you have questions or face complications, consider consulting a family law attorney for guidance tailored to your situation.

Starting a Divorce in Ontario California