9 Step Roadmap to Getting a Divorce in California

Before we get into the steps to getting a divorce in California, you need to know that a divorce can be divided into two categories: Fault Divorce and No-Fault Divorce. The comparison between a fault and a no-fault divorce is simply the grounds for the divorce.

2. Filing the Petition

Once you’ve established residency, the next step is to file a divorce petition with the court clerk in your county. The petition, also known as a petition for dissolution, initiates the divorce process. It includes basic information about the parties involved and serves to identify the issues that need to be addressed during the divorce.

One crucial aspect of the petition is the financial disclosure form, where both parties are required to disclose all their assets, regardless of whether they are shared or separate. This information is vital for the court to determine an equitable division of property later in the process.

3. Serving the Summons

After filing the petition, you must serve the summons to your spouse. The summons (FL-110) is a document that notifies your spouse about the divorce and provides them with 30 calendar days to respond.

It also includes a set of Standard Family Law Restraining Orders (ATROs) that prohibit both parties from taking certain actions during the divorce process, such as removing the children from California or disposing of assets.

Serving the summons is a critical step, as it ensures that your spouse is aware of the divorce proceedings and has an opportunity to respond.

4. Financial Disclosures

In California, both parties are required to exchange financial information as part of the divorce process. The spouse who initially filed the divorce papers must provide their financial disclosures first, including income, expenses, assets, and debts. The other spouse must reciprocate and provide their financial disclosures as well.

This exchange of financial information is crucial for the court to assess the financial situation of both parties and make fair decisions regarding property division and support. It is essential to be thorough and honest when completing the financial disclosures to avoid any potential legal consequences.

5. Child Custody and Support

If you have children from the marriage, determining child custody and support will be a significant part of the divorce process. In California, the best interests of the child are the primary consideration when making custody decisions. The court encourages parents to come up with a parenting plan that outlines custody and visitation arrangements. If the parents cannot reach an agreement, the court will step in and make a decision based on the child’s best interests.

Child support is calculated based on a formula that considers factors such as the parents’ incomes, the number of children, and the time each parent spends with the child. It is essential to provide accurate financial information during the financial disclosures stage to ensure a fair child support determination.

6. Property Division

California follows the principle of community property when it comes to dividing assets and debts in a divorce. Community property includes all assets and debts acquired during the marriage, regardless of who owns them individually. Each spouse is entitled to an equal share of the community property.

However, certain exceptions exist for separate property, which includes assets acquired before the marriage or through inheritance or gifts to one spouse. It is crucial to identify and properly categorize separate property to ensure a fair division of assets.

7. Spousal Support

Spousal support, also known as alimony, may be awarded to one spouse based on factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage. The court considers both temporary and long-term spousal support.

Temporary support is typically awarded during the divorce process to help the lower-earning spouse meet their financial needs. Long-term support may be awarded after the divorce is finalized and can continue for a specified period or until a triggering event occurs, such as the recipient spouse’s remarriage or the death of either spouse.

8. Settlement or Trial

After addressing child custody, support, property division, and spousal support, the next step is to reach a settlement agreement. A settlement agreement is a legally binding contract that outlines the terms of the divorce. It can cover all aspects of the divorce, including child custody, support, property division, and spousal support.

If the parties cannot reach a settlement agreement through negotiation or mediation, the case may proceed to trial. At trial, the court will hear evidence from both sides and make decisions on unresolved issues. It’s essential to work with an experienced attorney if your case goes to trial to ensure your rights and interests are protected.

9. Finalizing the Divorce

Once all the issues have been resolved, the final step is to submit the necessary paperwork to the court to finalize the divorce. This paperwork typically includes a Judgment of Dissolution of Marriage, which is the court’s official order ending the marriage.

It’s important to note that the divorce does not become final until the court approves and signs the Judgment of Dissolution of Marriage. After the court signs the judgment, you will receive a copy, and your divorce will be officially complete.