The Divorce Process in California

The Divorce Process in California: What You Need to Know

Divorce can be a big, life-changing step, and California has a specific process for handling it. Here’s a simple breakdown of what you can expect, along with some important things to keep in mind.

1. Filing the Petition

To start a divorce in California, one spouse (the "petitioner") must file a petition with the court. This document officially requests a divorce and provides basic information about the marriage, such as the date of marriage, separation, and any children involved. Once filed, this paperwork must be served on the other spouse (the "respondent"). This step alone has specific legal requirements and deadlines, which is why having a lawyer can ensure it’s done correctly.

2. Waiting Period

California law requires a six-month waiting period from the date the other spouse is served with the petition. During this time, you’ll both have time to resolve major issues like custody, support, and property division. While it might seem straightforward, this period often involves back-and-forth discussions and sometimes court hearings, especially if there’s disagreement on key issues.

3. Resolving Major Issues

Every divorce needs to address several important topics:

• Division of Assets and Debts: California is a “community property” state, meaning all assets and debts acquired during the marriage are generally split 50/50. However, there are exceptions and complexities, especially with things like retirement accounts, businesses, or real estate.

• Child Custody and Support: Custody and support can be the most emotionally charged parts of a divorce. California courts prioritize the child’s best interests, but the process of determining what’s best can be complicated and often involves evaluations or mediation.

• Spousal Support (Alimony): In some cases, one spouse may need financial support from the other, either temporarily or permanently. California courts consider several factors when deciding on spousal support, like the length of the marriage and each spouse’s financial situation.

You don’t have to make these decisions alone—an attorney can help protect your rights and negotiate a fair outcome, especially when there’s disagreement.

4. Reaching an Agreement or Going to Trial

Once all issues are addressed, you and your spouse can either reach an agreement (called a “settlement”) or, if you can’t agree, take the issues to trial. Most divorces in California are settled out of court, but for those that do go to trial, the judge will make the final decisions on unresolved issues. The settlement process itself has its own challenges and legal requirements, so having legal guidance here can make a big difference in the final result.

5. Finalizing the Divorce

After resolving all issues, a judge will review the agreement or make final orders and issue a judgment of dissolution, which officially ends the marriage. If you and your spouse managed to agree on everything, the process can be smoother, but it’s still essential to ensure every detail is properly documented. Mistakes or oversights can cause issues down the line.

Why You Might Want an Attorney

Divorce can be legally complex and emotionally draining. Although it’s possible to handle your own divorce, an experienced family law attorney can guide you through each step, help you avoid costly mistakes, and make sure your rights are protected. Every case is unique, and having legal support means you’ll have someone in your corner to help ensure the best possible outcome for you and your family.