Divorce is a life-changing decision and needs to be planned with care and with emotional resilience. It forces you to take care of legal requirements while taking care of everybody’s welfare. California has a structured divorce process that can help you transition through this significant change with clarity and purpose, as long as you understand and follow the prescribed steps to manage your legal obligations while protecting your rights and focusing on your children's needs.
While paperwork is required for this journey, it also calls for thoughtful consideration of finances, custody arrangements, and future goals. Each stage of the process plays a critical role in reaching a fair resolution that respects the interests of both parties. California’s divorce process provides a structured framework to help you transition through this significant phase with clarity and purpose. Understanding the following steps allows you to effectively manage your legal obligations while safeguarding your rights and prioritizing children’s needs during divorce.
Step 1: Meet California’s Divorce and Domestic Partnership Residency Requirements
You must meet California’s residency requirements before filing for divorce or dissolving a domestic partnership in California. These rules give the court jurisdiction to hear your case and ensure that it is filed in the proper jurisdiction for divorce. At least one spouse must have lived in California for at least six months and in the county where the filing occurs for at least three months. If you want to dissolve a domestic partnership you registered in California, the same residency rules apply, and that reduces the court’s workload.
A domestic partnership is a legally recognized relationship of two persons who have committed themselves to each other through an intimate bond but are not married. California law provides that domestic partners enjoy most of the rights and responsibilities married couples enjoy, including property, finances, and support. If you dissolve this partnership, you will undergo the same legal process as in a divorce.
If this requisite is not met, the court cannot proceed because it lacks jurisdiction. Ensure you or your partner meet the residency conditions before filing your petition to avoid extra complications. Alternative rules apply for domestic partners registered outside California. Consulting an attorney can clarify jurisdictional issues.
The residency requirement ensures your case is in the correct jurisdiction and meets California’s laws. If you want to dissolve a marriage or domestic partnership, meeting these criteria allows you to use the state’s legal system. The significant benefit of this system is that it gives you a structured process for resolving critical issues like property division, spousal or partner support, and, if applicable, child custody resolution.
Planning is even more critical if you have just moved to California. During the waiting period, prepare the documents, talk to your legal counsel, or start discussing the agreements with your spouse or partner. This proactive approach will minimize delays when you qualify to file.
Step 2: Filing a Petition for Divorce in California
After meeting California’s residency requirements, filing a petition is the second major step toward a divorce. You must file the Petition for Dissolution of Marriage (Form FL-100) to terminate your marriage. This form informs the court that you are ending the marriage because the marriage is beyond repair, which is the ground for divorce in California’s no-fault divorce system. The court does not require proof of fault but only seeks to end the marriage because it cannot be repaired.
When you file the petition, you must submit it to the county court, where you meet the residency requirements. You will have to pay a filing fee of $435. However, you can get a fee waiver if you prove you are in financial hardship. The petition and the required payment officially start the formal process. Once you submit your petition, the courts will begin processing your paperwork and assign you a case number, officially opening your divorce case.
California law requires both spouses to provide full financial disclosure, which must be submitted with the petition. Part of this is completing the Declaration of Disclosure, which includes multiple forms like the Schedule of Assets and Debts (Form FL-142) and Income and Expense Declaration (Form FL-150). These documents require a detailed accounting of your financial situation, including income, expenses, assets, and liabilities. The information should be accurate and comprehensive to effectuate an equitable and fair property division and determine appropriate spousal support.
However, even if the divorce is uncontested and both parties agree on the terms, you still have to be completely forthcoming with your financial information. The court will rely on these disclosures to ensure that all assets and debts are accounted for and that any support obligations are based on accurate financial data. Missing or misstating financial information can have very severe legal consequences, which could result in penalties or reopening the case to make up for any discrepancies.
Being transparent is not only a legal duty. It is essential to make sure that the dissolution goes smoothly because the court’s goal is to divide assets fairly, and not disclosing assets or not providing complete information can derail the entire process. However, if both parties agree, the court will review the disclosures and ensure that all property is divided equitably and all support obligations are reasonable in light of both parties' finances.
Step 3: Serving Your Spouse With Divorce Papers
If you have filed your petition for divorce in California, the next big step is to serve your spouse with the divorce papers. Serving them ensures your spouse is officially informed of the proceedings and thus gets a chance to respond. The papers you serve include:
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The Petition for Dissolution of Marriage and
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The Summons
These documents outline the divorce process and notify your spouse of their rights and obligations. You should also submit copies of any other documents you have filed with the court, except for any fee waiver forms.
Serving your spouse should be done by someone at least 18 years of age and not a party to the divorce case. It can be a professional process server, a county sheriff, or someone you trust. The papers must be served to your spouse and directly by the person serving them. If your spouse is not available in person, your spouse may leave the documents with an adult at the spouse’s home or place of business. The legal requirement is to hand the papers over in person, not by mail.
The individual who serves the papers must carefully record specific details. They also need to note the address to which the papers were delivered and the exact date and time of service. The details are required to complete the Proof of Service form (Form FL-115). This completed form proves your spouse was legally notified of the divorce proceedings.
You need to use reliable services so that the divorce process moves forward. If you fail to serve your spouse correctly, the court will not proceed with the divorce, and your case could be delayed. The Proof of Service form is vital as it records service completed in compliance with the law.
Step 4: Waiting for a Response
Once divorce papers have been served to your spouse, they have 30 days to file a response. This response is usually made through the Response Form, FL-120. Your spouse uses it to agree to the divorce petition and outline any disagreement with the terms of the petition. The form lets your spouse express their position on critical matters.
If your spouse decides to respond within 30 days, the divorce will proceed as contested. In other words, the court will consider the response and could schedule additional proceedings like hearings or mediation to settle unresolved problems. A contested case requires legal representation to protect your rights and interests during negotiations or court decisions.
However, if your spouse fails to respond within 30 days, you can request a default judgment. A default judgment is when the court goes ahead and grants your divorce on the terms you set out in your petition without any input from your spouse. This includes determining the division of community property, child custody, child support, and spousal support. When the court issues a default judgment, your spouse loses the right to influence these key areas, and the terms you laid out in your petition will probably be adopted.
No further negotiations or hearings exist to settle disputes when a default judgment is granted. This makes the divorce process faster and easier. However, in the case of a default judgment, your spouse can still challenge the divorce, although this is rare.
Step 5: Reaching a Deal
After your spouse responds to your divorce petition, it is time to address the core issues in your divorce. The path through this process depends on your agreement level with your spouse. Divorce mediation is the more popular option. Mediation involves having both parties meet with a neutral third-party mediator to negotiate the divorce terms. In theory, it minimizes conflict and allows both spouses to retain control over the outcome. Mediation can be done in person or online, thus offering flexibility while promoting communication and collaboration.
If mediation does not work or your situation requires a more structured approach, you may choose a collaborative divorce. That is usually done by each spouse retaining an experienced attorney, mental health professionals, or divorce coaches who guide the process. The hope is to go through the divorce together, responding to each person’s emotional and legal requirements while reaching a result that works for both sides. This approach could cut down the emotional impact of divorce and make it less about getting your revenge and more about getting a solution. Collaborative divorce is beneficial when both spouses are focused on a fair and mutually agreed-upon solution that avoids going to court.
An uncontested divorce occurs when both spouses agree on the divorce terms. In this scenario, you and your spouse agree on all major issues. It is much more efficient and less costly. You may also qualify for summary dissolution, which is even simpler. To qualify:
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Your marriage or domestic partnership must have lasted fewer than five years.
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You cannot have biological, adopted, or unborn children together with your spouse or partner.
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Neither of you can own or have an interest in real estate.
If your total debts do not include car loans, they cannot be more than $7,000, and your total assets, excluding vehicles, cannot be more than $53,000. Similarly, neither party’s separate property must exceed $53,000. Both parties must agree to waive spousal support and prepare a written agreement outlining the division of property and debts.
The process starts when both people file a Joint Petition for Summary Dissolution (Form FL-800) with the court. When you submit all the required forms and documents, it takes six months before it becomes final.
The process starts when both people file a Joint Petition for Summary Dissolution (Form FL-800) with the court. After submitting all the required forms and documents, it takes six months for the dissolution to be finalized.
However, if you and your spouse disagree on critical matters, the divorce becomes contested, and your case may end up in court. Spouses make their case in a contested divorce, and the court decides on unresolved issues. After the case is tried, a judge will decide on the best possible resolution for both parties based on California laws. This can result in a more drawn-out and emotionally charged process.
In California, spousal support and child support are usually decided using standardized guidelines. The court will examine how much both spouses earn, how long the parties have been married, their financial needs, and other factors. The court will use a mathematical formula to figure out the amount of support by considering the income from both parents and the time both parents spend with the children. After the judge considers these guidelines, he/she creates a formal support order that both parties follow.
California follows a 50/50 rule when it comes to community property. In other words, property acquired during the marriage is usually split equally between both spouses. The property you owned before the marriage that was given to you or inherited remains the separate property of the spouse who owns it. The court may order the sale of shared assets, including a house or business, if part of community property exists. In cases where it is not possible to sell an asset, the court may order a buyout or other arrangements to achieve fair distribution. The aim is to ensure both parties receive their fair share of what they acquired during the marriage.
The court also takes a more individualized approach concerning child custody. California courts care more about the child’s well-being than anything else. Usually, the court will order shared custody, meaning both parents play an active role in the child’s life. Shared custody means that the child’s upbringing is shared equally between both parents and that each parent is actively involved in significant decisions, that is, the child’s education and health care. Nevertheless, the court can award sole custody to one parent if the other parent is deemed unfit to take care of the child due to neglect, abuse, or substance abuse.
Keep in mind that the court carefully considers child custody decisions. A judge will consider factors like how the child’s emotional needs will be met, whether the parents can care for the child, and the degree of conflict between the parents. The court aims to establish a safe custody situation that is good for the child and will preserve the child's emotional stability.
Step 6: The Final Judgement
The divorce process concludes with receiving a final judgment, which dissolves your marriage and resolves all outstanding issues. After all matters, including child custodial support, spousal support, and distribution of property, have been resolved, the court will issue this judgment. The judgment is entered when the court has ruled on the terms upon which the couple agrees to a final divorce settlement agreement in writing and when the necessary documents are submitted by both parties to the uncontested divorce.
If the divorce is contested, the judge will review the details and ensure all legal requirements have been met. If a default judgment has been entered where one spouse fails to respond, the court will conclude the divorce according to the petitioner's terms and evidence.
When the final judgment is put into effect by being signed and filed with a court, it legally ends the marriage. The judgment must be followed. If necessary, either party can request modification in the future as circumstances change.
Find a Family Law Attorney Near Me
Divorce is a difficult and emotional process. However, it gives you a chance to start a fresh life. While you work through the complexities of asset division, child custody, and support, having the right family lawyer can help. An experienced family attorney will do more than protect your rights. They will guarantee you are treated fairly throughout the process. They will walk you through every step, help you make difficult decisions, and resolve disputes.
Call Los Angeles Divorce Lawyer today at 310-695-5212 to discuss your case, explore your options, and take control of your future. We help you confidently move forward and get the resolution you deserve.
