What does it take to finalize a divorce in California? The California divorce process involves several steps, from filing the petition to signing the papers. A California divorce is not necessarily a complex process, although it can sometimes be lengthy. It starts before you even file the petition. Let’s take a look at the four main steps to a divorce in California.
Step 1: Making Sure You Meet California’s Divorce Residency
Before you can file for divorce in California, you need to meet the state’s residency requirements. Without this, the divorce process in California cannot move forward. California law requires that at least one spouse have been a resident of the state for a minimum of six months before filing the divorce petition. Additionally, one spouse must also have lived in the relevant county for at least three months. If you have lived in California for less than six months, you cannot file a petition for dissolution of marriage here. The spouse who files, known as the petitioner, must meet these requirements to ensure the divorce will be finalized in California. Meeting these criteria is the first step in the divorce proceedings, allowing the court to address issues such as legal separation, property division, child and spousal support, and temporary orders throughout the divorce process.
Step 2: The Petition
Assuming you meet the residency requirements, the next step is to file the petition for your divorce. You and your experienced divorce attorney will complete and file a summons (FL-110) and a petition (FL-100) with the superior court. If there are minor children involved, you’ll also need to file a declaration related to their residences over the past five years (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA). It doesn’t matter which spouse files, as California is a no-fault divorce state. However, the spouse who files becomes the petitioner, and the other becomes the respondent. Once filed, a copy of all paperwork must be served to your spouse, giving them formal notice that the divorce proceedings have begun. The spouse must then file a response within a certain time frame. Throughout this process, parties may work toward an agreement for an uncontested divorce, addressing issues like community property, separate property, and asset and debt division. If the parties agree and everything is in order, the court may move forward without complications, but there is still a mandatory six-month waiting timeframe before the final divorce is granted.
Step 3: Waiting for a Response
Once your spouse has been served, they will have 30 days to complete a parallel set of divorce papers, which is referred to as the response. If they fail to do so within the given timeframe, the court could issue a default judgment against them. This means that they lose the right to voice their preferences regarding matters such as child custody, spousal support, and division of property.
Step 4: Reaching a Deal
If your spouse responds, you now need to go through the process of resolving all the terms of the divorce: child custody and visitation, child support, alimony, etc. There are a number of ways to do this. You could each hire attorneys who then negotiate a settlement on your behalf. If this fails, the case will go to court, where your attorneys will have to fight it out and leave the final decision to a judge. Another option is mediation, which enables you and your spouse to have personal discussions with a neutral third-party overseeing the negotiations.
If the divorce is uncontested, the process is usually much faster and less expensive. Contested divorces, however, will require the help of a divorce attorney.
Contact a Divorce Lawyer in California
Westover Law Group is a company of family law attorneys guiding clients through the California divorce process. Contact us for more information about divorce options, including litigation and mediation.