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Important Things to Know About the Divorce Process in California

divorce in california

Have you made the decision to end your marriage and file for divorce? If so, it is important to understand the process of divorce in its entirety. Getting divorced is a complex legal process that can require some strategic planning. Understanding what this process entails and what will be expected from you will make getting a divorce a little bit easier.

Important Things to Know About the Divorce Process

The following information is essential to understanding the divorce process in California.

 

Parties: The parties involved in a divorce are known as the Petitioner and the Respondent. The Petitioner is the spouse who files for divorce. The Respondent is the spouse who is served with the divorce papers. These titles never change; the Petitioner will always be known as the Petitioner, and the Respondent will always be known as the Respondent. This is true even if the Respondent files legal motions of his or her own (such as a child custody request).

 

Timing: California law states that a divorce cannot be finalized until six months after the divorce paperwork is initially filed. Even if the spouses agree on all of the terms of the divorce at the very beginning, they will have to wait at least six months for the split to be finalized.

 

Grounds: California is a no-fault state, which means that spouses don’t have to spend time and energy on proving who was responsible for the end of the marriage. The Petitioner must simply state whether the marriage is ending because of irreconcilable differences or legal incapacity.

 

Terms of the Divorce: A divorce cannot be finalized until all of the terms of the divorce (e.g., property division, child custody, child support, alimony) have been settled. Spouses have the option to come to mutually-agreeable terms on their own, use tools like mediation or collaborative divorce, or put their futures in the hands of the court. If spouses let the court decide, they will not have a say in the final terms of the divorce.

 

The follow is a step-by-step guide to help you navigate the divorce process in California.

Step One: Complete the Divorce Paperwork

The first step in getting divorced is completing and filing all of the appropriate paperwork in court. In California, you should be prepared to complete and submit the following forms. Petition (FL-100), Summons (FL-110), Property Declaration (Form FL-160), Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120

 

Petition(FL-100): The petition is the form where you provide basic information about your marriage, explain the grounds for your divorce, disclose your assets, and ask for orders you would like to court to consider. This is where you make preliminary requests for monetary support, child custody, and assignment of property.

 

Summons (FL-110): The summons is the form that notifies your spouse that divorce proceedings have begun. The summons contains basic information about your case and explains certain restrictions that are imposed for the duration of the proceedings.

 

Property Declaration (Form FL-160): The property declaration form may be necessary if you cannot fit all of your community (shared marital assets) and separate (individually owned) property on the Petition. It is important to be as thorough and detailed as possible when disclosing your assets, income, and debts.

 

Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105): If your divorce will affect any children you must complete this Child Custody Declaration. The form allows you to identify you children, discuss current and prior custody arrangements, and disclose whether any restraining orders have ever been issued.

 

Child Custody and Visitation Attachment (Form FL-311): The Child Custody & Visitation Attachment supplements the Child Custody Declaration, providing details about custody and visitation schedules.

Step Two: File and Serve the Divorce Paperwork

Once you have completed these forms, you must file multiple copies them with your local County Clerk and pay the applicable filing fee. If you cannot afford to pay the filing fee you may be able to request a fee waiver.

 

Once the divorce paperwork has been filed with the Clerk you’re legally required to serve your spouse. This means that you must have a copy of the divorce papers personally delivered to them. Your divorce proceedings cannot officially begin until your spouse has been legally served with the divorce papers. Service can be completed in either of the following ways.

 

Personal Service: Your first option is to have a friend, family member, or law enforcement officer personally hand deliver a copy of the documents to your spouse. In order to make sure that your documents are served properly, make sure that the person you choose is at least 18 years old.

 

Service by Mail: Your second option is to have someone mail the divorce papers, along with two copies of the Notice and Acknowledgment of Receipt (FL-117), to your spouse. When your spouse receives the notice, they must sign and submit the Receipt to the court. If your spouse doesn’t respond to service by mail, you must then have the documents personally served.

 

Service will be completed when your spouse has received all of the following documents:

Copies of all of the divorce papers you have filed with the court (petition, summons, property declaration, fee waivers, etc.)

Blank copy of the Response — Marriage/Domestic Partnership (Form FL-120), and

Blank copy of the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105).

Step Three: Complete Financial Disclosures

You have the option to complete the necessary financial disclosure forms at the beginning of the divorce process. However, you also have the option to complete the disclosures while you are waiting for your spouse to respond to your request for a divorce. You will have 60 days from the date you file your petition to complete and submit these financial forms.

 

The financial disclosure forms are required to make sure that each spouse is forthcoming about their assets, income, and debts. It is important to complete these forms accurately and honestly to ensure that the divorce proceeds without a hitch. These forms are completed under oath and lying can result in criminal charges.

Step Four: Wait for a Response

Once your spouse has been served the ball is in their court, so to speak. They will have 30 days from the date they receive the paperwork to respond. How the divorce process continues will depend on how they react to receiving the divorce paperwork. There are four distinct paths your divorce can take, depending on (1) whether your spouse responds and (2) if they contest the terms.

 

Spouse Responds, Agrees to Terms: This is known as an “uncontested divorce.” Spouses who can agree on the terms of their divorce will have an easier time navigating the process. When this is the case, you must submit the terms of your divorce - signed by both spouses - to the court for approval. If the terms are not blatantly inequitable, the court will generally sign off and approval the dissolution of your marriage.

 

Spouse Fails to Respond, Agrees to Terms: This is known as a “default with agreement.” Your spouse fails to respond to the divorce paperwork, but you do have a written agreement about the terms of your divorce. When this happens you must both complete and sign the final documents and submit them to the court for approval.

 

Spouse Responds, Contests Terms: If your spouse responds to your request for a divorce, but doesn’t agree with the terms you’ve proposed, you will be required to find common ground. You have a few options available to you to resolve a “contested divorce.” If you and your spouse can agree on most things, you may find that mediation is helpful. Mediation allows you to control the outcome of the negotiations, but utilizes a neutral third party to find common ground. If you and your spouse cannot agree on anything, you may find that a collaborative divorce is helpful. Collaborative divorce allows you to avoid court and maintain some control over the outcome of your divorce. During the process, your attorneys take the reigns and negotiate terms that are agreeable to both spouses. If you can’t come to an agreement on your own, your case may be put in the hands of a judge. In this case, you won’t have a say in the terms imposed by the court.

 

Spouse Fails to Respond, Contests Terms: If your spouse never responds to your request for a divorce the matter will be declared a “true default.” Once your spouse has defaulted, you have the right to complete all of the final paperwork and submit it to the court for approval. Since your spouse declined to participate in the proceedings, the court will be more likely to approve the terms you have proposed.

 

Step Five: Submit Final Documents

The final step in getting a divorce - whether your spouse has responded or defaulted - is completing and signing the last set of required documents. The documents that are required to finalize your divorce will depend on the specific circumstances of your case and may include any of the following:

Proof of Service of Summons (FL-115)

Declaration Regarding Service of Declaration of Disclosure (FL-141).

Request to Enter Default (FL-165)

Appearance, Stipulations, and Waivers (FL-130)

Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170)

Judgment (FL-180)

Notice of Entry of Judgment (FL-190).

If the terms of your divorce involve child custody, child support, and/or spousal support arrangements, you will also be required to complete and submit additional legal forms. Once you’ve completed each of these steps you’ll just have to wait for a court to enter judgement. In California, the divorce process must take at least six months to finalize.

 

 

Are you thinking about getting a divorce in California? Contact the experienced divorce attorneys at Fernandez & Karney for help. Our Certified Family Law Specialists have more than 50 years of combined legal experience and can help you navigate the complicated divorce process. Call today to request a free consultation with our skilled legal team.