10 Steps of the Divorce Process in California: A Step-by-Step Guide

Masha Rusanov
Nov 14, 2024
4 min read

Updated: Nov 14, 2024

Divorce can feel overwhelming and emotional, especially if you are unsure about what lies ahead. In California, the divorce process is rooted in specific laws and procedures that require careful attention. This guide walks you through the divorce process in California, highlighting the essential steps to help you navigate this significant life change effectively.

Understanding the Grounds for Divorce

One of the spouses must meet the residency requirement to file for divorce in California. The individual filing for divorce must have been a resident of California for at least six months before filing. Additionally, they must have lived in the county where they plan to file for at least three months.

Before starting the divorce process, it's important to understand what grounds you can file under. California is a no-fault divorce state. This means you don't need to prove any wrongdoing by your spouse to file for divorce. The primary reason recognized is "irreconcilable differences." This term means the marriage has broken down and cannot be repaired.

For instance, a spouse might cite factors like ongoing financial disagreements, lack of communication, or emotional distance contributing to this conclusion. Interestingly, according to recent statistics, over 90% of divorces in California are filed on the basis of irreconcilable differences.

Filing for Divorce

The initial step in the divorce journey is filing a petition. You must fill out a Petition for Dissolution of Marriage (Form FL-100) and submit it to the court in your county. This form outlines your marriage's basic details and reasons for seeking a divorce.

Necessary Documentation

In addition to the petition, if children are involved, you must file a Summons (Form FL-110) and any other relevant forms, such as the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. Filing fees typically range from $435 to $450, varying by county. If you're facing financial hardship, you can apply for a fee waiver to avoid upfront costs.

Serving the Divorce Papers

Once you file your petition, the next critical step is serving your spouse with the divorce papers. This action officially notifies your spouse of your intent to divorce.

Methods of Service

You can serve the papers in one of several ways:

Personal Service: You can ask a friend or hire a professional process server to ensure the documents are handed directly to your spouse.
Mail: If your spouse agrees, you can send the papers via certified mail, requiring a return receipt for confirmation.

Once the papers are served, file a Proof of Service (Form FL-115) with the court to document the action.

Response from Your Spouse

After your spouse receives the divorce papers, they have 30 days to respond by completing and filing a Response (Form FL-120). If they agree with your terms, the process may proceed swiftly.

No Response

If your spouse does not respond within this timeframe, you can pursue a default judgment, where the court will make decisions in your favor without needing their input. This could expedite the resolution process significantly.

Temporary Orders

In cases where immediate issues emerge, such as child custody or financial support, you can request temporary orders. Filing a Request for Order (Form FL-300) allows the court to provide emergency relief for urgent matters like spousal support or child custody arrangements.

Disclosure of Assets and Debts

California law mandates that both parties disclose all assets and debts fully. This transparency is essential for fair property division. You will exchange Financial Disclosure Forms (FL-140 and FL-142) to ensure both sides understand each other's financial situation.

Importance of Full Disclosure

Providing complete and accurate financial information is critical. Failure to disclose can lead to penalties and may disadvantage you in settlement negotiations. For example, couples who fail to disclose assets may face legal challenges later.

Negotiation and Settlement

After both parties have disclosed their finances, you can negotiate various divorce-related issues, including property division, spousal support, and child custody.

Mediation

Many couples find mediation to be a constructive option. A neutral third party can guide both spouses toward an agreeable settlement. Research indicates that approximately 80% of mediated cases reach an agreement without requiring a court trial, saving time and money for both parties.

Other alternative dispute resolution methods include:

Divorce coaching
Arbitration

Court Proceedings

The next step may involve going to court if negotiation or mediation does not lead to an agreement, finalized as a stipulated judgment approved by the court. Here, the court will hear your case and determine any unresolved issues.

Judgments

After the hearings, the court will issue a Judgment of Dissolution of Marriage (Form FL-180), finalizing your divorce. This judgment outlines the terms, including asset division, child custody agreements, and support payments.

Finalizing the Divorce

Your divorce is officially complete once the court has issued the final judgment. It’s crucial to obtain a copy of this judgment for your records and to comply with all specified terms.

Post-Divorce Considerations

After finalization, review and update your legal documents, including your will and insurance policies, to reflect your new status. Each adjusted document helps clarify your intentions in future legal matters.

Moving Forward

Navigating the divorce process in California includes understanding various legal components and timelines. From filing your petition to negotiating settlements and ultimately finalizing your divorce, every step is vital.

By staying informed and organized, you can confidently move through the divorce process and begin a new chapter of your life. Seeking advice from a divorce coach can offer tailored guidance, making your journey smoother.

Understanding the steps involved doesn't make the transition easy, but it empowers you to approach each phase with clarity and purpose. Use this guide to help you navigate the complexities of divorce in California so you can focus on what comes next.