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A Step-by-Step Guide to the Divorce Process in California

Statue of Justice

Filing for divorce in California can feel overwhelming, especially if it’s your first time dealing with the family court system. Whether the decision to end the marriage was mutual or not, it’s important to understand the process so you can prepare for what’s ahead. California is a no-fault divorce state, meaning neither spouse has to prove wrongdoing to file. Still, there are specific steps to follow, paperwork to complete, and timelines to meet.

Filing the Petition to Begin the Case

The divorce process officially begins when one spouse files a Petition for Dissolution of Marriage with the Superior Court in the county where either spouse lives. This spouse is called the “petitioner.” The other spouse is the “respondent.”

To qualify, at least one spouse must have lived in California for six months and in the county of filing for at least three months. If those residency requirements aren’t met, the couple must wait until they are.

The initial forms typically include:

  • Petition (FL-100)

  • Summons (FL-110)

  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105), if children are involved

The petitioner also pays a filing fee unless they qualify for a fee waiver.

Serving the Papers to the Other Spouse

Once filed, the petitioner must serve the other spouse with the divorce papers. This involves physically delivering the forms using a method allowed by the court, such as personal service by a third party over 18 who is not involved in the case.

The respondent then has 30 days to file a response. If no response is filed, the case may proceed by default. If the respondent does respond, the case moves into the disclosure and negotiation phase.

Exchanging Financial Information

Both spouses are required to exchange financial disclosures. This step ensures transparency about assets, debts, income, and expenses. These disclosures are critical when dividing property and determining support.

Each party must complete:

  • Schedule of Assets and Debts (FL-142)

  • Income and Expense Declaration (FL-150)

This step is mandatory even if the divorce is uncontested. Failure to provide accurate information could lead to court penalties or an unfair judgment.

Temporary Orders When Needed

Some spouses request temporary court orders while the divorce is pending. These orders can cover things like child custody, visitation, child support, spousal support, or who remains in the family home.

To request these orders, you must file a Request for Order (FL-300) and attend a court hearing. The judge will review the information and issue temporary rulings that remain in effect until the divorce is finalized or changed by the court.

Working Toward a Settlement

After the disclosures, many couples try to reach agreements on key issues. This is often the most time-consuming part of the process. Topics that need to be resolved include:

  • Division of property and debts

  • Child custody and parenting time

  • Child support and spousal support

Some couples reach agreement through informal negotiations. Others may use mediation or collaborative divorce. These methods can reduce conflict, save time, and avoid a trial.

If both spouses agree on all terms, they can submit a Marital Settlement Agreement and proposed Judgment (FL-180) to the court. The judge will review the documents, and if everything is in order, will finalize the divorce without requiring a trial.

Going to Trial if Necessary

If the spouses cannot agree on one or more issues, the case may go to trial. Before trial, the court typically holds a mandatory settlement conference to give both sides one more chance to resolve disputes outside of court.

If that doesn’t work, each side presents evidence and arguments at trial. The judge makes decisions on any unresolved issues. This process can take months, depending on court schedules and the complexity of the case.

Finalizing the Divorce

Regardless of how the case is resolved—whether by agreement or trial—the judge issues a final Judgment of Dissolution. This document legally ends the marriage and includes orders related to custody, support, and property division.

It’s important to note that California has a mandatory six-month waiting period from the date the respondent is served. Even if all agreements are reached quickly, the divorce cannot be finalized before that period ends.

Once the judgment is entered, the divorce is official, and both parties are legally single again.

Post-Judgment Matters

After the divorce, there may still be loose ends to tie up. These can include:

  • Transferring ownership of property or accounts

  • Updating legal documents like wills or insurance policies

  • Enforcing court orders if one party fails to follow through

Some issues, like child custody or support, can also be modified later if circumstances change.

When Legal Help is Recommended

While California allows people to handle their own divorce, many find it helpful to work with a family law attorney. This is especially true when:

  • There are significant assets or debts

  • One party may be hiding income or property

  • There is a disagreement over custody or support

  • You are concerned about your rights being protected

An attorney can guide you through each step, help you avoid common mistakes, and represent your interests in court if needed.

Conclusion

Divorce in California follows a structured process, but the path can look different depending on the people involved. From filing the petition to receiving the final judgment, there are specific rules, deadlines, and forms to complete. Some divorces are resolved quickly and peacefully, while others involve lengthy disputes.

Understanding the steps involved can make the experience more manageable and help you make informed decisions along the way. Whether you’re considering divorce, have already filed, or are supporting someone going through it, having clear expectations is key to moving forward.