What to Expect During the California Divorce Process: A Step-by-Step Guide

Divorce is complicated. It’s challenging. You’re emotionally drained and worried about your future, as well as your children, and through all of that, you also have several legal challenges to navigate.

A good family law attorney can help you through this chaotic period, but it also helps to know what’s around the corner. In this guide, we’ll discuss the California divorce process to give you an idea of what to expect.

California Residency Requirements for Filing

To file for divorce in California, you need to have lived in the state for at least six months before filing. You must have also lived in the county where the petition is filed for a minimum of three months.

If you don’t meet this requirement, you can file for legal separation, which divides your assets and establishes child custody and child support. There’s no residency time requirement for legal separation, and only one spouse needs to live in the state.

Grounds for Divorce in California (No-Fault Explained)

All 50 US states allow “no-fault’ divorce filings, which means you don’t need to prove wrongdoing. However, 33 states allow fault-based divorces, with spouses citing reasons such as adultery to gain the upper hand in legal proceedings.

California is not one of those 33 states. It only offers “no-fault” divorce filings. As a result, cases resort to a default 50/50 split, and spouses can’t gain a legal advantage. There are some practical advantages to filing first, though. For instance, if you and your spouse live in different jurisdictions, filing first means the case will be heard in your county.

Filing the Petition      

To start the divorce process, you need to file a Petition for Dissolution of Marriage (FL-100) in the county where you or your spouse lives. The form requests information about the marriage and dependents, including:

• Date of marriage and separation
• Names, birthdates, and ages of children
• Legal grounds for divorce (usually “irreconcilable differences”)
• Child custody arrangements
• Spousal support

If you have children under 18, you’ll also need to file the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105).

A local family law attorney can help you complete these forms.

Serving Your Spouse

Once you’ve filed the required documents, you must formally notify (“serve”) your spouse. The petitioner (the person filing the divorce) can’t serve the respondent (the person receiving the forms). You can choose any adult not involved in the case or ask the county sheriff’s office.

Many petitioners use professional servers, which cost $50 to $100 on average.

The respondent will also receive blank response forms, with the server then filing a Proof of Service (FL-115) with the court.

Temporary Orders (Custody, Support, Property Use)

Within 30 days of being served, the respondent must complete a response form (FL-120) and agree/disagree with the terms.

Either spouse can request temporary orders, addressing matters such as child custody and the use of the family home. Parents can obtain temporary orders through mediation and filing to address key issues before the final judgment.

Financial Disclosures

To help the courts understand the financial situation, both parties must complete various forms, providing details on assets (including everything from real estate to jewelry), and a breakdown of income, expenses, and financial obligations.

Negotiations, Hearings, and Division of Property

Through mediation and negotiation, spouses can agree on a division of property, custody, and child support without going to court. If you’re able to agree on terms with your spouse, those terms are then recorded in a Marital Settlement Agreement (MSA), which is submitted to the courts for approval.

If you can’t reach an agreement, the case will go to trial, where a judge will make the final decision after hearing from both parties. However, only around 10% of divorces actually go to trial in California.

California splits assets 50/50, but this only applies to assets acquired during the marriage, known as “community property”. It doesn’t include assets acquired before marriage, as well as inheritances/gifts received after marriage, known as “separate property”.

Child Custody and Support Considerations

The courts always prioritize the health and safety of the child and will judge based on their best interests, considering factors such as:

• The most suitable home environment.
• The child’s preference (depends on their age and maturity).
• Safety considerations, such as a history of violence or substance abuse.

Spousal Support (Alimony) in California

Spousal support is a court-ordered payment that instructs one spouse to financially support the other. It’s not mandatory, but it’s commonly awarded following long-term marriages in which there is a significant income gap.

Alimony can be temporary or long-term, with the judge deciding whether one spouse needs support and whether the other can afford to provide it.

The Mandatory Waiting Period in California

All divorces in California are subject to a mandatory six-month “cooling off” period before they can be finalized, and the clock starts ticking as soon as the petition is filed. Even if the divorce is amicable and both parties settle without extensive mediation, they still need to wait six months before it’s official.

The divorce is only final when a judge signs the Judgment of Dissolution, which outlines all the previously discussed agreements.

Navigate the Complexity of Divorce with a Family Law Attorney

Divorce is a lengthy and oftentimes stressful process, and you could be overwhelmed by paperwork and requirements, not to mention emotion. An experienced family law attorney like County Law Center can help you navigate these difficulties, reach a desired conclusion quickly, and support you throughout.