California Divorce Process – All You Need to Know

The California divorce process involves several key steps. First, one spouse files a divorce petition and serves the other party. Next, the spouse responds, and both parties exchange financial information. Negotiations on child custody, spousal support, and marital property division follow. If no agreement is reached, the case may proceed to trial.

The legal separation process is much more involved than this, though, which is why getting a divorce with expert guidance is key.

California Divorce Process Timeline

The California divorce process can be complicated, but understanding the timeline can help make it more manageable. Here’s a step-by-step breakdown of the key stages with an Orange County divorce lawyer, from filing the initial divorce petition to reaching a final settlement or court ruling.

Step 1: Consult a Divorce Attorney

Before initiating the divorce process, it is necessary to consult with an experienced Irvine divorce lawyer, such as our team at Moshtael Family Law. Our attorneys can provide valuable legal advice tailored to your specific circumstances.

During this consultation, we assess your situation, explain your rights, and outline all legal options available. Consulting a lawyer ensures you understand the process and are fully prepared to make informed decisions as your divorce progresses.

Step 2: Gather the Documents

Collecting the right documents is essential for an efficient divorce process. The following are key documents you should gather:

• Financial Records: Bank statements, retirement accounts, credit card bills, and recent tax returns.
• Property Information: Deeds, mortgage statements, and any documentation related to property ownership.
• Legal Documents: Prenuptial agreements, custody agreements, and any court orders involving family matters.

At Moshtael Family Law, our attorneys will assist you in organizing and preparing these documents to ensure a smooth filing process.

Step 3: File the Paperwork

Filing the paperwork with the court is a key step in starting the divorce process in California. To begin the divorce, you’ll need to complete several important documents:

• Petition for Dissolution of Marriage (FL-100): This form officially requests a divorce and outlines basic details like the date of marriage and separation. It also includes requests for child custody, spousal support, or property division.
• Summons (FL-110): This form informs your spouse that divorce proceedings have started and explains their rights and responsibilities.
• Financial Disclosures: You must also provide financial details through forms such as the Income and Expense Declaration (FL-150) and the Schedule of Assets and Debts (FL-142). These are important for determining child and spousal support and property division.

1. Where to File: The completed forms must be submitted to the family court in the county where you or your spouse reside. For instance, if you live in San Diego, you would file the paperwork with the San Diego County Family Court. Once filed, you will receive a case number.
2. Serving the Papers: After filing, you are required to serve the divorce papers to your spouse. This step must be done by someone else who is over 18 and not involved in the case. You can hire a process server sheriff or ask a qualified third party. Proof of service will then need to be filed with the court.
3. Response Time: After being served, your spouse has 30 days to respond. They can agree to the terms, contest them, or not respond, which may lead to a default judgment.
4. Fees: Filing fees usually range between $435 and $450, depending on the county. If you cannot afford the fees, you can apply for a fee waiver by submitting the Request to Waive Court Fees (FW-001) and the Order on Court Fee Waiver (FW-003) along with your other paperwork. Your attorney will help you apply for a waiver if needed.
5. Next Steps: After filing and serving the papers, the case moves forward to negotiation over child custody, property, and support. If you and your spouse can reach an agreement, the divorce may be settled quickly. If not, the case may go to court for a judge to decide.

We ensure the documents are properly prepared, filed in the correct court, and served to your spouse, allowing you to focus on what matters most while we manage the legal process.

Find out how a San Diego divorce lawyer from our team can handle all aspects of filing the necessary paperwork on your behalf. 

Contact us now

Step 4: Serve Your Spouse

After filing the divorce paperwork, the next step is serving your spouse with the documents, ensuring they are officially notified of the divorce proceedings.

This step has strict legal requirements, and the court cannot proceed with your case until proper service is completed. There are two main methods for serving divorce papers:

• Personal service: This method involves having someone not involved in the case and over 18 hand-deliver the divorce papers to your spouse. The server can be a professional process server, a local sheriff, or another qualified person. After the papers are delivered, the server must complete a Proof of Service form, which you will need to file with the court to confirm that the service has been properly executed.
• Service by mail: If personal service isn’t possible, you may serve your spouse by mail. The divorce documents are mailed to your spouse, along with a Notice and Acknowledgment of Receipt form, which your spouse must sign and return. This form is then filed with the court to confirm receipt. Personal service may be required if the acknowledgment is not signed and returned.

California law requires that service be completed within 60 days of filing the divorce papers unless an extension is granted. Proper service ensures that your spouse has adequate time to respond, and failing to follow the correct procedure can delay the case.

We handle this step to ensure all legal requirements are met, avoiding unnecessary delays in your divorce process.

Step 5: Wait for the Response

Once your spouse has been served with the divorce papers, they have 30 days to file a response with the court. This response is an opportunity for your spouse to either agree with the terms of the divorce petition or contest them.

• If your spouse responds: If your spouse files a response within the 30-day period, the divorce process moves forward. If both parties agree on important matters such as child custody, property division, and spousal support, they can submit a settlement agreement to the court. If the parties cannot agree, the case may go into negotiations or proceed to a hearing where a judge will resolve any disputes.
• If your spouse does not respond: If your spouse fails to respond within 30 days, you can request a default judgment. A default judgment allows the court to finalize the divorce based on the terms you submitted in your original petition without any input from your spouse. This judgment can expedite the process, but certain steps must still be followed, and a hearing may still be required depending on the circumstances.

Step 6: Come to an Agreement

Reaching an agreement on key issues is one of the most important aspects of the divorce process.

• Property division: In California, property is divided according to community property laws, meaning assets and debts acquired during the marriage are usually split equally. Reaching an agreement can prevent the court from making decisions that may not align with your wishes.
• Child custody: Custody agreements determine where children will live, how time will be divided between parents, and how major decisions will be made. Coming to a mutual arrangement ensures the well-being of your children and avoids lengthy court battles.
• Spousal support: Also known as alimony, this support involves financial assistance from one spouse to the other after the divorce. Agreeing on terms can avoid prolonged negotiations and ensure both parties are fairly supported.

Step 7: Financial Disclosures

Both spouses are required to exchange full financial disclosures during the divorce process. This transparency ensures that all financial matters are considered when deciding on property division, child support, and spousal support.

What needs to be disclosed:

• Income from all sources
• Bank accounts, retirement funds, and investments
• Real estate, vehicles, and other valuable assets
• Debts, including credit cards, loans, and mortgages
• Monthly expenses and household costs

Each spouse must submit the Income and Expense Declaration (FL-150) and the Schedule of Assets and Debts (FL-142) to provide a complete picture of their financial situation. Accurate disclosures are important for achieving a fair settlement, and failure to disclose assets or debts can lead to penalties.

Moshtael Family Law will guide you through this process to ensure all required information is included.

Step 8: Discovery

Discovery is the process by which both parties gather essential information for the case. This process is particularly important if one spouse is not forthcoming with financial or other key information.

Discovery helps ensure that both sides have the details to negotiate or argue their case effectively.

• Interrogatories: These are written questions that one party sends to the other. The receiving spouse must answer these questions under oath, providing detailed information about assets, income, and other relevant matters.
• Depositions: In a deposition, the opposing attorney questions one spouse under oath. Depositions allow for in-depth questioning and often provide more detailed answers than written responses.
• Requests for production: This method requires one party to submit documents, such as bank statements, tax returns, or business records, to assess financial matters.
• Requests for admissions: These requests ask one spouse to admit or deny specific facts, streamlining the issues that will need to be resolved during negotiations or in court.

We handle every aspect of discovery, ensuring all relevant information is gathered to build a strong case for our clients.

Step 9: Negotiation and Settlement

Once financial disclosures and discovery are complete, both parties work toward reaching a settlement. This phase focuses on resolving issues like property division, child custody, and spousal support without going to trial.

• Mediation: In mediation, a neutral third party helps both spouses find common ground and agree. It is a less formal and more efficient way to settle disputes, saving both time and money. Your Moshtael Family Law attorney will represent your interests throughout the mediation process and protect your rights.
• Other methods: Besides mediation, options like collaborative law or arbitration can be used to resolve disputes. Your lawyer will guide you through these processes, making managing the legal side easier.

Step 10: Trial

If a settlement cannot be reached, the case goes to trial. In the trial, both parties present their cases to a judge, who makes the final decisions.

1. Presenting evidence: Each party submits evidence such as financial records or expert opinions to support their claims on property division, custody, and support.
2. Witness testimony: Witnesses, such as family or experts, may testify to provide additional context on key issues.
3. Judge’s decision: The judge reviews all evidence and testimony before making a final decision on unresolved issues.

Your lawyer from our firm will manage all aspects of the trial, from presenting evidence to cross-examining witnesses, ensuring your case is effectively presented.

Step 11: Final Judgment

After the trial or settlement, the court issues a final judgment. This document officially ends the marriage and details the decisions on all key issues.

• What’s included: The final judgment covers property division, custody, visitation, spousal and child support, and any other legal agreements made during the process.
• Implications: The judgment is legally binding, meaning both parties must follow the orders outlined. It concludes the divorce and establishes the terms for the future.

Step 12: Post-Judgment Issues

Even after the divorce is finalized, issues may arise that require legal attention, such as changes in custody, support, or visitation.

• Modifications: Changes in circumstances like job loss or relocation may require modifications to custody or support orders.
• Enforcement: If one party fails to comply with the court orders, legal action may be needed to enforce the judgment.

Moshtael Family Law can assist with post-judgment modifications or enforcement, ensuring your rights continue to be protected even after the divorce is finalized.

How Long Does the Divorce Process Take in California?

On average, an uncontested divorce in California can take around 6-12 months, while a contested divorce may take anywhere from 1 to 2 years or longer, depending on how quickly disputes are resolved. Below are the general timeframes to file for divorce:

• Consulting an Attorney: 1-2 weeks. This step involves meeting with an attorney to discuss your case and assess your options.
• Gathering Documents: 2-4 weeks. Collecting financial records, property documents, and other relevant paperwork for the case.
• Filing the Paperwork: 1-2 weeks. Filing the divorce petition and related forms with the court.
• Serving Your Spouse: 1-3 weeks. Serving the divorce papers to your spouse can vary based on their location and availability.
• Waiting for the Response: 30 days. After service, your spouse has 30 days to respond to the divorce petition.
• Negotiation and Settlement: 1-6 months (or longer). This stage depends on how quickly both parties can agree on key issues like property division, custody, and support.
• Discovery: 1-3 months. In contested cases, the discovery process involves exchanging information and evidence, which can take several months.
• Trial (if necessary): 6 months to 1 year (or more). Depending on the court’s schedule and the complexity of the case, going to trial could significantly extend the process.
• Final Judgment: After the six-month waiting period. Once all issues are resolved, the court will issue the final judgment. The six-month waiting period is the minimum time required by California law.
• Post-Judgment Issues: Ongoing. Some cases require post-judgment modifications or enforcement, especially if circumstances change after the divorce is finalized.

California Divorce Laws and Additional Considerations

Before starting divorce proceedings in California, it’s important to understand a few key laws:

• California is a No-Fault Divorce State: California allows for divorce without proving fault. You can file based on “irreconcilable differences.”
• Mandatory Waiting Period: California law requires a six-month waiting period before a divorce can be finalized, starting from the date the paperwork is served.
• Residency Requirements: At least one spouse must have lived in California for six months and in the county where they file for three months.
• Types of Divorce: Divorces can be contested (where spouses disagree on key issues) or uncontested (where both parties agree on all terms).

For more detailed information, see our full article on California divorce laws.

Navigate Your Divorce With Confidence

Learning more about the divorce process in California can feel overwhelming, but Moshtael Family Law is here to guide you through every step.

Whether you’re facing a contested or uncontested divorce, need help with filing the right paperwork, or are dealing with the mandatory waiting period of six months, our experienced team can help you with the ins and outs of your case.

If you’re ready to start your divorce in California, contact Moshtael Family Law today for a consultation by completing this form or calling (619) 639-9898.