California Divorce Process – Step By Step [2024 Updated]

Divorce can be a challenging and stressful process that is full of unknowns and obstacles. However, if you are aware of the steps required and what each one includes, the process can be much simpler. You might feel more in control of your circumstances and experience less stress if you know what to do. By following this comprehensive guide, you can make sure you are fully aware of what to anticipate during the California divorce process.

Having a clear roadmap can bring much-needed clarity and peace of mind during this time of transition in your life, regardless of where you are in the process.

Overview of the California Divorce Process

The California divorce process involves several key stages: filing the petition, serving the papers, responding to the petition, financial disclosures, settlement or trial, and finalizing the divorce. Each stage has its own requirements and timelines. Getting help from a Newport Beach divorce lawyer can significantly ease the stress and complexity of the process.

Submitting the Petition

The Petition for Dissolution of Marriage (Form FL-100) must be filed as the initial step in the California divorce process. You or your spouse must fill out and submit this form to the Superior Court in the county in which you both reside. You must also execute a Summons (Form FL-110) informing your spouse of the divorce proceedings in addition to the petition. You will be assigned a case number as soon as these forms are submitted.

Serving the Papers

After filing the petition, the next step is to serve the divorce papers to your spouse. A person over the age of 18 who is not involved in the case, such as a professional process server or a friend, can serve. Your spouse will have 30 days to respond to the petition.

Responding to the Petition

If your spouse responds to the petition, they must file a Response (Form FL-120) with the court. If they do not respond within the 30-day period, you may request a default judgment, which allows the divorce to proceed without their participation.

Financial Disclosures

Preliminary financial disclosures must be completed and exchanged by both parties. Information on assets, debts, income, and expenses are all included. Before deciding on dividing property, child support, and other financial issues, it is important to make sure that all parties are completely informed about each party’s financial status.

A Declaration of Disclosure (Form FL-140), an Income and Expense Declaration (Form FL-150), and a Schedule of Assets and Debts (Form FL-142) must be completed by each party.

Settlement or Trial

In California, out-of-court settlements are the norm for divorces. A Marital Settlement Agreement can be drafted if both spouses can agree on all provisions, such as property distribution, child custody, and maintenance. The court is then asked to approve this arrangement. If the parties are unable to reach a consensus, the matter will go to trial, where a judge will render judgments.

Complete Divorce Settlement

The last stage is to draft and file a Judgment (Form FL-180) with the court when all matters have been settled or tried. The terms of the divorce, including the property division, custody agreements, and support duties, are outlined in this document. Following a review of the ruling by the court, assuming all is in order, a Notice of Entry of Judgment (Form FL-190) finalizes the divorce.

Legal Separation vs. Divorce in California

In California, a legal separation is an alternative to divorce for spouses. Without officially terminating the marriage, legal separation permits couples to live apart and make independent decisions regarding their assets, debts, and child custody.

For financial, personal, or religious reasons, spouses who wish to keep their marriage intact may find this a helpful choice. In contrast to divorce, a legal separation does not require a waiting time, and since the couple is still legally married, they are still eligible to receive benefits like health insurance.

The legal separation might be changed into a divorce procedure if the couple decides to end their marriage in the future. Couples can explore the prospect of reconciliation or just separate living arrangements while establishing clear boundaries and financial independence without the finality of a legal separation.

FAQs

Q: How Long Does It Take to Get a Divorce in California?

A: In California, timelines for divorce proceedings can vary. Uncontested divorces will be the quickest, while contested divorces last longer. If there are many disagreements or if the matter goes to trial, the timeline may lengthen. The degree of cooperation among the parties and the intricacy of the case are important factors that influence how long it takes.

Q: What Is the Six-Month Rule for Divorce in California?

A: The necessary waiting period in California before a divorce can be finalized is known as the “six-month rule.” The date the divorce papers are served to the other spouse signals the beginning of this time frame. To allow for a window of time for potential reconciliation or settlement, the earliest a divorce can be finalized is six months and one day following the service of the petition and summons.

Q: Is Everything Split 50/50 in a Divorce in California?

A: Due to California’s community property laws, all debts and assets accumulated during a marriage are normally split equally (50/50) between the couple. Prenuptial agreements, however, may have an impact on the ultimate settlement. Considering the particulars of each case, the court strives for a fair divide, though not always an equal split.

Q: What Is the Easiest Divorce Process in California?

A: An uncontested divorce, in which all parties agree on all conditions, including property division, child custody, and support, is the simplest type of divorce procedure in California. Compared to a disputed divorce, this kind of divorce is speedier and less expensive. In addition to streamlining the process, collaborative divorce or mediation techniques can assist both parties in reaching a mutually agreeable settlement without going to trial.

Contact a California Divorce Attorney

Although navigating the California divorce process can be challenging, being aware of each phase will help you handle the process more skillfully. Knowing what to anticipate can be quite helpful, regardless of where you are in the process or whether you are just getting started.

To guarantee that your interests are safeguarded and to receive tailored advice, schedule an appointment with our attorneys at Newport Family Law & Mediation Group right away.