The Step-By-Step Process Of A California Divorce: A California Divorce Lawyer Breaks It Down

Law Office of Jordana N. Better | Championing The Rights Of Los Angeles, San Francisco and San Diego Clients In Divorce

Divorce, or “dissolution of marriage” as it’s called in California, can be a stressful and frustrating transition in the best of circumstances. In addition to its emotional toll, there are many complex legal processes and rules to observe, each with its own hurdles: court filings, financial disclosures, community property division, custody, child or spousal support and more.

When you divorce, your priority is to ensure you understand and protect your rights. To do that, you’ll need an advocate who can confidently negotiate on your behalf or tenaciously represent your interests at trial, if necessary.

Jordana N. Better and her team have provided comprehensive divorce representation to California clients like you for years. You can rely on them to offer help, insight and guidance at every stage of the divorce process.

What Are The Stages In The California Divorce Process?

In California, there is a mandatory waiting period of at least 6 months from the date the divorce papers are served before a divorce is final. However, that’s no guarantee that your divorce process will take only six months. The duration of the process depends on the complexity of the issues that arise and how they’re resolved.

From the start, there are several crucial stages to the process. A skilled divorce attorney can be invaluable assistance at every stage to ensure compliance with procedure and the law.

Let’s look at what you can expect:

Step 1: Meeting California’s Residency Requirements

To file for divorce in California, either you or your spouse must establish domicile in the state. That requires both physical presence in California and intent to make California your permanent home.

Specifically, filing requirements require that you have lived in California for at least six months. Additionally, whoever brings the action must have resided in the county where the action is filed for at least 3 months.

Step 2: Filing The Petition And Summons

Your divorce case begins when you or your spouse, as the “petitioner,” file a petition and summons with your local county’s Superior Court Family Clerk’s Office.

The petition establishes jurisdiction, informs the court you want to dissolve your marriage and lists your requests regarding issues such as custody, property division and spousal or child support.

The summons is a legal and formal notice to the “respondent” that they are being sued for divorce and have 30 days to file a written response with the court. The summons also initiates Automatic Temporary Restraining Orders (ATROs), preventing either party from:

• Removing minor children from the state
• Transferring, encumbering or disposing of any property
• Cashing out, borrowing against or changing beneficiaries of insurance policies

Step 3: Service And Response

The petitioner must formally serve the respondent with the petition and summons. The most common form is personal service, i.e., directly by hand, but there are other acceptable methods.

The respondent has 30 days from receipt to file a response with the court and serve that

response to the petitioner. If there are children involved, the response also requires an additional declaration.

If, in your response, you agree with your spouse’s requests for relief, that is an uncontested divorce. If you challenge or deny your spouse’s requests, that is a contested divorce.

Failing to respond to a petition will result in a default judgment entered against you. That effectively means the divorce will proceed, based solely on your spouse’s requests and without your input.

Step 4: Financial Disclosures

The next stage requires both parties to exchange complete financial disclosures and file them with the court. These disclosures are mandatory, even in uncontested divorce cases, and must include a detailed listing of all income, expenses, assets, debt and property.

In addition to filing the specific forms required by the state, the disclosure requires supporting documentation such as pay stubs, tax returns, bank and retirement account statements, mortgage statements, loan documents and credit card statements.

Step 5: Requests For Temporary Orders

While your divorce case is pending, your attorney may file requests for temporary orders. These requests ask the court to decide urgent issues, such as custody, visitation, support, financial responsibility, restraining orders or property use. Decided at a hearing, these orders remain in effect for the remainder of the divorce process.

Step 6: Negotiation, Mediation And Settlement

Most divorce issues are settled through ongoing and private negotiation between the parties’ attorneys. If issues linger without resolution, mediation can be an alternative method to achieve a settlement.

Mediation is a form of alternative dispute resolution in which both parties voluntarily agree to work with an independent third-party mediator in a private setting. The emphasis in mediation is on cooperation and compromise. In cases with unresolved custody or visitation issues, California requires you to attempt mediation before trial.

A settlement is a legally binding agreement that represents the resolution of divorce issues. A full resolution of all issues leads to a marital settlement agreement and a judgment of dissolution. A partial agreement, in which some issues remain unresolved, results in court intervention to avoid a trial.

If any of these means cannot achieve a settlement, your divorce case goes to trial, where resolution of issues is decided by a judge.

Step 7: Modifications Or Enforcements After Divorce

Following the judgment, there are instances in which one of the parties returns to court to enforce violated orders or to petition to modify custody or visitation orders, if circumstances require it.

Want To Know More? Call Us For Answers

Divorce is a lengthy and often contentious process. With vital issues such as custody and support hanging in the balance, you don’t want to risk any mistakes.

The Law Office of Jordana N. Better can provide peace of mind by ensuring your rights and best interests are protected. Contact us today at (888) 456-2040 to learn more about the divorce process and schedule an initial consultation.