Understanding the Divorce Process in California

* A note before we begin: you cannot fit every divorce into the same chronological order. Generally, however, we can identify the major procedural steps that will be included in every divorce. In this blog, I outline the divorce process in California to provide a basic understanding. This is not intended to represent any particular divorce, and the circumstances of each divorce will impact the specific process that occurs in an actual case.

Are you considering a divorce? Going through a divorce can be a challenging and emotional process. It’s important to have a basic understanding of the divorce process in California to navigate through this difficult time. In this article, we will outline the general steps involved in a divorce and provide you with the information you need to know. Again, this does not include every possible scenario, or the order of actions, that may occur in your case, but serves to provide a high level overview. Our team at Naimish & Lewis, APC, a specialized San Diego, California, family law firm, is here to guide you through the process and provide expert legal advice. Let’s dive in!

How Long Does It Take to Get Divorced in California?

One of the first questions people often ask is how long the divorce process takes. There is a misconception that marriage will be terminated after 6 months from the filing for divorce. The earliest the court can terminate marital status in California is six months from the date of service of process. This means that even if you submit a settlement agreement to the Court as soon as you serve the Petition, the Judgment will be processed, Court orders will be made, and status will be terminated 6 months later. If six months have already passed, then status can be terminated when Judgment is entered. However, it’s important to note that the actual duration of the process can vary depending on various factors such as the complexity of the case, the level of cooperation between the parties, and the court’s schedule. Some divorces can be resolved within six months, while others may take much longer to reach a resolution.

The Steps of Divorce in California

Step 1: Filing the Initial Divorce Forms

The divorce process begins with one spouse filing the initial divorce forms with the court, including but not limited to the Petition and Summons. These forms outline the grounds for divorce and provide notice to the other spouse about the legal proceedings. If there are children involved, a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form is also filed. The Petitioner, the spouse who initiates the divorce, must serve the papers on the Respondent, the other spouse, to notify them of the legal action.

Step 2: Response and Agreement

The way a divorce ends depends on two key factors: whether the Respondent files a Response to the Petition and whether the spouses reach a written agreement to settle all issues in the case. Let’s explore the possible outcomes:

1. Default Case with Written Agreement: If the Respondent does not file a Response but the spouses reach a written agreement, the divorce can proceed as a default case with a written agreement.
2. True Default Case: In a true default case, the Respondent does not file a Response, and there is no written agreement between the parties.
3. Uncontested Case: If the Respondent files a Response and the spouses reach a written agreement, the case can be considered uncontested.
4. Contested Case: In a contested case, the Respondent files a Response but no agreement is reached, leading to further legal proceedings and a trial to resolve the issues.

Step 3: Financial Disclosures

In contested cases, both parties are required to provide Financial Disclosures. These disclosures include information about assets, debts, income, and expenses. The goal is to ensure transparency and fairness in the division of marital property and determination of support.

Step 4: Temporary Orders and Mediation

In some cases, temporary orders may be necessary to address immediate issues–most commonly, child custody, visitation, spousal support, or child support, while the divorce is being finalized. These orders provide temporary security and certainty for one or both parties involved, and for children if children are involved. Consulting with an attorney can help you determine if filing a motion for temporary orders is necessary in your case. Mediation can also be a helpful tool to resolve disputes and reach agreements on contested issues.

Step 5: Finalizing the Divorce

The final step in the divorce process is the resolution of all outstanding issues and the entry of a divorce decree by the court. This decree legally terminates the marriage and provides the court’s trial order and/or terms of the divorce settlement, including property division, support, and child custody arrangements.

California Divorce Process Timeline

To give you a better sense of the timeline involved in the California divorce process, here’s a breakdown of the typical stages:

1. Filing the Initial Forms – The divorce process officially begins when one spouse files the initial divorce forms with the court. This step can be initiated by the Petitioner, who submits the Petition, Summons, and various other forms. The Respondent must then be properly served with these documents.
2. Response and Agreement – After being served, the Respondent has a specific timeframe to file a Response to the Petition. If the Respondent fails to file a Response, the case may proceed as a default case. In either situation, the parties may have an opportunity to reach a written agreement on various aspects of the divorce, such as child custody, support, and property division.
3. Financial Disclosures – In contested cases, both parties are required to provide Financial Disclosures, detailing their financial information. This ensures that all relevant assets, debts, income, and expenses are accounted for during the divorce process. Transparency in financial matters is crucial, and required, for a fair division of property and determination of support.
4. Temporary Orders and Mediation – In some cases, temporary orders may be necessary to address immediate issues during the divorce proceedings. This could include temporary child custody and visitation arrangements, temporary spousal and child support, or property control and attorney’s fees issues. Mediation may also be utilized to help the parties resolve any remaining disagreements and reach agreements on disputed matters.
5. Finalizing the Divorce – Once all issues are resolved, either through mutual agreement or after a trial, the divorce can be finalized. The court will review the settlement agreement or the trial outcome, ensuring that it meets the legal requirements and serves the best interests of any children involved. The court will then issue a divorce decree, officially terminating the marriage.

How to Get a “Quick” Divorce in California

If you’re looking for a “quick” divorce in California, there are a few key factors to consider:

1. Cooperation and Agreement – The divorce process can be expedited if both parties are willing to cooperate and reach agreements on major issues. By working together and avoiding lengthy disputes, you can save time and streamline the process.
2. Professional Guidance – Hiring an experienced family law attorney can help you navigate the legal complexities and ensure that your divorce progresses smoothly. They can provide expert advice, guide you through negotiations, and help you understand your rights and options.
3. Efficient Documentation – Gathering all necessary documents and information early on can prevent delays. This includes financial records, asset valuations, and any relevant agreements or contracts that may impact the divorce settlement.
4. Utilizing Mediation – Mediation can be a valuable tool for resolving conflicts and reaching agreements outside of court. It allows both parties to actively participate in finding solutions and can often lead to quicker resolutions.

Remember, each divorce case is unique, and the timeline can vary depending on the specific circumstances involved. While a “quick” divorce is desirable, context is important, and the timeline may be out of your control if the other spouse is not willing to participate or negotiation an agreement.

Divorce in California: The 10-Year Rule

A frequently asked question regarding divorce in California is the significance of the 10-year mark. It’s important to clarify that California does not have a specific rule stating that marriages of 10 years or more are automatically subject to different treatment. However, the duration of the marriage can influence certain aspects of the divorce process, especially when it comes to spousal support.

The court always considers the duration of the marriage as a factor when determining the appropriate amount and duration of spousal support. The court also takes into account the standard of living during the marriage, the contributions made by each spouse, each spouse’s earning capacity, and many other factors in determining a final spousal support award..

The 10-year mark designates what is known as a “long-term marriage.” This limits the court’s ability to terminate spousal support or set an end date for support at time of judgment, unless the parties agree otherwise.

It’s advisable to consult with a family law attorney to understand how the duration of your marriage may impact your specific case and the potential for spousal support.

Divorce can be a complex and emotionally challenging process, but having a basic understanding of the steps involved can help you navigate through it more smoothly. Remember that every divorce is unique, and the timeline and specific outcomes may vary.

If you have any questions or concerns about divorce or legal separation in California, we encourage you to reach out to our experienced family law team at Naimish & Lewis, APC. We specialize in family law matters, including divorce, child custody, support, and more. Our attorneys are here to provide you with personalized guidance and expert advice. Contact us today for an initial consultation and let us assist you in resolving your family law matters with care and compassion.