Navigating the divorce process can be challenging, especially when emotions and complex legal issues are involved. In California, there are specific requirements and steps to follow when filing for divorce, including filing the necessary paperwork, and more. Whether you’re seeking to dissolve a marriage or resolve other family law matters, understanding the basics is essential.
This guide will walk you through the key aspects of divorce in California, providing clarity on how to initiate the process and what to expect.
Who Can File?
The first step is to determine where and when you can file for a divorce in California. To get a divorce in California, one spouse needs to have been a resident of California for at least 6 months and at least three months in the county where you are filing.
How do you file?
The next step is to file a Summons and Divorce Petition along with filing a “Summons.” The spouse that files first is called the Petitioner.
What can you request in your Petition?
In the Petition, not only are you asking for the Court to dissolve the marriage, but also make orders regarding the:
- Division of Property, like real estate, money and bank accounts, retirements and investment accounts,
- Division of who will pay off what debts were acquired during the marriage,
- Spousal support.
And, in families with minor children:
- Child custody and visitation and
- Child support.
After you’ve filed the petition in court, your spouse needs to be “served” with the petition – this means they have to be given a copy of the petition and summons, in person – but not by you. It needs to be delivered by someone who is 18 years or older and who is not directly involved in the case – this could be a friend, family member, a sheriff, or a process server.
The spouse has 30 days to respond – and give their wish list for the divorce. This is called a “Response-Marriage/Domestic Partnership.” They will file this with the court and serve the petitioner. They are now called the respondent.
Each spouse also has to file something called “Preliminary Declarations of Disclosure.” The petitioner has to file this within 60 days of filing their petition; the respondent, within 60 days of being served. This is basically a list of your assets, your debts, your income, expenses, and taxes.
If the respondent does not file their response within 30 days of being served, the petitioner can file to request a default. This means that the petitioner can ask the judge for a judgment based on what they asked for without the respondent’s partitions.
If the respondent does respond, it becomes a contested divorce. Contested divorces can end in two ways: both spouses can come to an agreement – on property, debt, custody and visitation, child support, and spousal support – or it can go to trial, and a judge will make a decision on all of those issues.
In all situations – default, agreement, or trial – to complete your divorce, you need a court judgment. A judgment will be signed by the judge and will have a date of termination. This is the date the marriage is legally dissolved. This process will take at least six months and takes longer in many cases.
To learn more about the divorce process, find the necessary documents, and get started with your divorce filing, head here: California Courts.
Domestic Violence Survivors
At Inland Counties Legal Services, we are dedicated to supporting eligible individuals affected by domestic violence through compassionate and comprehensive legal assistance. Our team of experienced attorneys helps clients navigate the process of obtaining restraining orders, ensuring their safety and protection. Our goal is to empower survivors by helping them secure the legal protections they need to break free from abusive situations and rebuild their lives.
If you are experiencing domestic violence and are seeking a divorce, ICLS may be able to help. Call our intake line to see if you are eligible at (888) 245-4257.