Divorce in California: A Guide to the Laws and Process

Ending a marriage is never easy, but having the right legal guidance can make a difficult process less painful. I recently learned all about the ins and outs of getting divorced in California and wanted to share a summary for anyone going through this themselves.

Filing for Divorce

In California, one spouse (the petitioner) starts the divorce by filing a Petition for Dissolution of Marriage. The state has no-fault divorce, meaning you don't need to prove fault or wrongdoing by your spouse. The requirements are simply that one spouse has lived in California for the past 6 months and in the county of filing for the past 3 months.

The petition provides basic details about the marriage and formally requests the court to dissolve it. Since California has no-fault divorce, you don't allege traditional grounds like adultery - you just state that irreconcilable differences have damaged the marriage. Having an attorney ensures your petition accurately sets forth the facts and requests needed to start the divorce process.

Responding to the Petition

The spouse who is served the dissolution petition (the respondent) has 30 days to file a Response, saying whether they agree or disagree with what was stated. Not responding could result in a default judgment against them. The respondent can also file their own divorce petition. An attorney can help the respondent review the petition details and determine if additional relevant facts should be included in the response.

Temporary Orders

While a divorce is pending, which can take 9 months or more, either spouse can request temporary orders related to child custody, visitation, child/spousal support, payment of debts, and other urgent needs. The court decides based on factors like income disparity, expenses, and the best interests of children. Attorneys help gather supporting evidence for these requests.

Financial Disclosures and Documentation

California requires full financial disclosure by both spouses of all assets, debts, incomes, expenses, tax returns, and other documentation to divide marital property fairly. Attorneys ensure full disclosure and use discovery tools like subpoenas if needed. Failing to reveal assets can undermine settlements.

Settlement Negotiations

Most divorces settle out of court through mediation, collaboration, or attorney negotiations. Settlements must follow state laws and get court approval. Attorneys negotiate favorable terms for clients regarding property division, spousal support, child custody arrangements, etc.

Contested Divorce Trial

If negotiations fail, the case goes to a contested divorce trial. Lawyers present evidence on disputed issues, and the judge makes final legally binding decisions on property, support, custody, and other matters. Preparation involves gathering evidence, deposing witnesses, and researching case law.

The Final Judgment

Once property division and support are resolved either through settlement or trial, a final judgment is entered legally ending the marriage. In California, this usually takes 9-12 months.

After the Divorce

Court orders can be modified later if circumstances significantly change. Child support is easier to modify than spousal support or property division. Courts enforce compliance with all orders. Attorneys can help modify terms when appropriate and enforce orders benefiting you.

The Takeaway

Dissolving a marriage is complex legally and emotionally. Consulting an experienced California divorce attorney to advocate for you is highly recommended every step of the way.