Divorce touches almost every part of your life: your home, your money, your children and your future. You do not have to figure it out alone. Below is a plain-language overview of how divorce works in California and what you can expect along the way.
How the divorce process works in California
In California, a divorce is called a "dissolution of marriage." Most cases follow the same basic steps.
- The petition. One spouse (the "petitioner") files a petition with the court. It asks the court to end the marriage and lists what the petitioner wants, such as custody, support or a division of property. The petition is then formally delivered, or "served," on the other spouse.
- The response. The other spouse (the "respondent") has a limited time to file a response. If no response is filed, the case can move forward without them, which is called a "default."
- Financial disclosures. Both spouses must share information about their income, expenses, property and debts. This is required even when both sides agree on everything.
- Settlement or trial. Many couples reach an agreement, sometimes with help from attorneys or a mediator. If they cannot agree, a judge decides the open issues.
- The judgment. The judgment is the court's final order. It ends the marriage and sets out the terms for property, support and children.
To file for divorce in California, at least one spouse must meet a residency requirement for both the state and the county where the case is filed.
The six-month waiting period
California has a mandatory waiting period. Even if everything is settled quickly, your marriage cannot legally end until at least six months have passed. The clock starts when the respondent is served with the petition or first appears in the case, whichever comes first.
The waiting period is a minimum, not a deadline. Many divorces take longer, especially when there are disagreements about children or property. You can still work out temporary orders for custody and support while you wait.
Community property basics
California is a "community property" state. In general, property and debts gained by either spouse during the marriage belong to both spouses equally. This can include wages, a home, retirement accounts and credit card balances.
"Separate property" usually belongs to one spouse alone. It often includes things owned before the marriage, gifts or inheritances received by one spouse, and earnings after the date of separation.
Real life is often messier than these rules. Separate and community money can get mixed together, and a business or home may have both kinds of value. Tracing where money came from can make a real difference, so it helps to have someone review the details with you.
Contested vs. uncontested divorce
An uncontested divorce is one where both spouses agree on all the issues, or the respondent does not take part. These cases usually move faster and cost less. Even so, the paperwork must be done right, and the agreement should be fair and clear so it holds up later.
A contested divorce is one where the spouses disagree on one or more issues, such as custody, support or how to divide property. These cases may involve hearings, requests for documents, negotiation and sometimes a trial. Many contested cases still settle before trial.
Some couples who agree on everything may qualify for a simpler process called summary dissolution, which is only available in limited situations.
Legal separation vs. divorce
A legal separation lets a court divide property and make orders about custody and support, but you stay legally married. Some people choose it for religious reasons, to keep certain benefits, or because they are not ready to end the marriage.
A divorce ends the marriage, and each spouse is free to remarry. A legal separation does not have the same residency requirement, so some people file for separation first and later change it to a divorce.
What to bring to a consultation
You do not need to have everything. Bring what you can, and we will help you figure out the rest.
- Any court papers you have filed or received
- Your date of marriage and date of separation
- Recent pay stubs and tax returns for the last two years
- Bank, retirement and investment statements
- Mortgage statements, leases, car loans and credit card statements
- Information about your children, including their ages and current schedule
- Any prenuptial or postnuptial agreement
- A list of your questions and goals
If you have a prenup or are thinking about one, see our marital agreements page. You can also read about child custody, child support and spousal support, or browse our family law FAQs and family law overview.
Talk with a Whittier divorce lawyer
Steven Ibarra personally handles every case, and we offer same-day appointments in person or by video. Our office is on Penn Street in Whittier, and we help families throughout Los Angeles County, including Pico Rivera, Downey and La Habra. We are available 24/7. Call (562) 612-7806 or contact us to schedule a consultation. Hablamos español.