The California Divorce Process

Divorce is difficult enough without having to deal with too many surprises in the legal processes and requirements for divorcing spouses.

Familiarizing yourself with the standard steps in the California divorce process can help you prepare for what is around the corner, reduce stress, and improve the chances of a beneficial outcome for you and your children.

If you decide to divorce, a little preparation at the start can help ease the process.

It is generally best to discuss the matter with your spouse beforehand—as challenging as that may be—because it is respectful and provides you both with the time to prepare. You may decide to consult with a divorce attorney at this early stage to understand your legal rights and obligations.

Before filing for divorce, you can prepare by doing the following:

• Make copies of important documents
• Secure personal items/documents
• Make a list of debts and assets
• Change passwords for security purposes
• Make an inventory of household items

Once you have taken these initial steps—and providing you meet the basic eligibility criteria in California—you are ready to file for divorce.

You or your spouse must be a resident of the State of California and a resident of the county in which you intend to file.

In California, all divorces start by completing and filing the following forms with the local courthouse:

• A Summons (FL-110), which informs your spouse of your intention to divorce
• A Petition (FL-100), which requests the divorce from the court
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA (FL-105), for couples with children

When filing these forms, you will need to pay the associated fees unless you receive disability benefits or another form of state aid and apply for a waiver.

Once the divorce papers have been filed with the local courthouse, they must be “served.” This requires your spouse to receive copies of all the filed documents, informing him/her that the case has opened.

Serving must be done by an adult unconnected to the case, such as a friend, relative, licensed process server or even an official from the local sheriff’s office. If you have a congenial relationship with your spouse, it is best to explain what will happen so that there are no surprises.

The day on which the papers are served is the date at which the mandatory minimum waiting period for a divorce in California commences—i.e., six months and a day.

Once your spouse has been served, the Court requires proof of service so that the waiting period can begin. This is done through the completion of a form called the Proof of Service of Summons (FL-115).

The respondent (your spouse) has 30 calendar days after service to review the documents and formally respond to the divorce by filing a Response (FL-120) and if applicable, the UCCJEA (FL-105) at the local courthouse.

The Response informs the court of how the “other side” views the divorce case. It should be noted that divorces in California do not require the consent of both spouses to proceed.

When a divorce in California starts, either party may seek temporary orders from a judge to cover the period until the divorce is finalized. Orders can also be issued by stipulation (agreement).

Such orders are especially important if children from the marriage require arrangements that the parents do not necessarily agree on. Temporary orders can address a range of issues, including:

• Child custody and visitation
• Child support
• Spousal support
• Exclusive use of property
• Attorney fees

Formal temporary orders can reduce conflict and increase clarity when addressing important matters during the divorce process. To obtain temporary orders, you will need to file for motions, via a Request for Order form (FL-300).

Unless the situation is considered a true emergency, it typically takes around 8–10 weeks for a judge to hear a case for temporary orders—so it is important to plan with your divorce lawyer.

You should start planning for financial disclosure as soon as possible after deciding to divorce as it can take time to gather the necessary documents together.

To address all of the required elements of financial disclosure requires listing all assets, debts, income, and expenses—with details of ownership, when it was acquired, and approximate values. That involves filling in four different forms, which your divorce lawyer can walk you through.

This information will be used to help divide property and debts equally and determine spousal/child support, as per Californian law.

The types of documentation required include:

• Paycheck stubs
• Federal and State income tax returns
• Mortgage statements
• Pink slips to vehicles
• Real property deeds
• Bank account statements
• Retirement statements
• Credit card statements
• Life insurance policy statements

Discovery is the formal method of obtaining relevant information from the other party in a court case. In contested divorces (that may go to trial), discovery is usually requested by serving papers on the spouse at any time until 60 days before trial.

The form of discovery depends on the information requested:

• Request for Production of Documents, e.g., bank records, medical records, paycheck stubs, tax returns, etc.
• Interrogatories, which are written questions that must be answered under penalty of perjury.
• Requests for Admissions, which require your spouse to admit or deny the truth of a statement under penalty of perjury.
• Deposition, which is an out-of-court proceeding during which your spouse’s testimony is taken under penalty of perjury in front of a court reporter.
• Subpoena, which is another way to request important documents from your spouse.

Discovery is not always required. It tends to be time-consuming and expensive, so some spouses are keen to avoid this step. However, it may be necessary in highly contentious and high-stakes divorces. Discuss with your divorce lawyer whether it is necessary in your case.

Most divorces do not require a trial and are settled out of court between the two spouses. Contested issues are often resolved with negotiation, collaboration between lawyers or mediation.

All of the following matters must be resolved before your divorce can be considered completely settled:

• Child custody
• Visitation
• Child support
• Spousal support
• Marital property division
• Debt allocation
• Attorney fees

If an agreement can be reached, a settlement document can be drafted, signed, and filed with the court. The divorce decree will then recite the terms of your agreement.

A settlement allows the spouses to move on with their lives without the delay, expense, and stress of a divorce trial while retaining control over their own lives without a “winner” and a “loser.” This is especially beneficial if the couple needs to remain communicative in the best interests of the children.

Unfortunately, a proportion of divorces end up at trial. Judges typically only set trial dates in divorces after all other settlement options have been exhausted.

Sometimes, “bifurcating” or separating certain divorce issues from the rest of the case can aid in settlement. A judge, for instance, can be asked to rule on the date of separation if the spouses cannot agree. The adjudicated date may then be used to move forward with a settlement—without the need for a trial on any other matters.

Almost all divorce trials in California are bench trials decided by a judge rather than a jury. Party witnesses, lay witnesses, and expert witnesses may be called by either party.

After a judge has ruled, the filed judgment will be issued with a judge’s signature on it. You will also receive a separately filed Notice of Entry of Judgment. The divorce is then final.

If you are facing a divorce in Los Angeles, the family attorneys at The Sands Law Group APLC can help. Contact us or call 213-788-4412 today for a free 15-minute phone consultation about your case.