Divorce is never easy. Even when both spouses have decided it is best to separate, the divorce process can feel overwhelming. Divorce in California specifically can be confusing. With all the rules, forms, and procedures involved, it is easy to get lost in the process. If you are considering initiating the divorce process in California or have already been served with the divorce papers, you may be feeling a bit lost about what to do next. You might be wondering how long the process will take, what will happen to your assets and children, or what steps you should take to prepare for what’s ahead. At Okwuosa Pulliam Law Group, we totally understand how intimidating this phase of your life can be. We want you to know that you do not have to go through this alone.
California Is a No-Fault Divorce State
The first thing to understand is that California is a “no-fault” divorce state. This means that neither you nor your spouse has to prove the other did something wrong to get a divorce. For example, you don’t have to prove that your partner cheated in order to get a divorce. In California, the most cited reason for divorce is simply “irreconcilable differences,” which simply means the marriage cannot be fixed.
However, like in a no-fault state, formal documents must be filed on time in order to initiate the divorce process. A qualified California divorce attorney can help ensure you fill out the forms correctly and file them on time (if you are the one initiating the divorce).
California Residency Requirements
Before filing for divorce in California, it is vital to understand the state’s residency requirements. To file for divorce in California, you or your spouse needs to have resided in the state for the past six months and in your current county for the past three months. You can file for divorce in any county where one spouse meets the residency requirements.
If neither of you meets the residency requirements, you may have to wait before you can commence your case. If you file for divorce before meeting these legal requirements, your case may be dismissed because the court lacks legal authority or “jurisdiction” to grant a divorce. If you don’t want to wait, you can file for legal separation and amend the petition to ask for divorce once you meet the residency requirements.
What Issues Are Decided in a California Divorce?
During a California divorce, several issues need to be addressed, including the following;
- Division of Property and Debts: California is a community property state, meaning community property (property acquired during the marriage) is split evenly between spouses.
- Child Custody and Visitation: In California, decisions on who has legal and physical custody of the child and how parents spend time with their children are made based on the best interests of the child.
- Child Support: This is determined using the state’s child support guidelines that take into consideration several factors, including custody time and each parent’s income.
- Spousal Support (Alimony): Depending on the situation, the court might require one spouse to support the other financially.
Steps Involved in a California Divorce
The first step in a California divorce is ensuring you meet the residency requirements. Once that has been confirmed, the process usually proceeds as follows;
- Filing Divorce Papers
To start the divorce process in California, one spouse must file the Petition for Dissolution of Marriage (Form FL-100).
- Service of Papers
The next step is for the other spouse (the respondent) to be served with the divorce papers. However, California law prohibits petitioners from serving the papers. A neutral third party must serve the divorce papers. This can be
- a friend, relative, or anyone over 18 who is not involved in the case
- a professional process server
- the local sheriff’s department
Once service is complete, the server must fill out a Proof of Service form. This document confirms your spouse received the papers.
- Response
Once the respondent receives the divorce papers, they must file a response with the court within 30 days. If a spouse does not respond within this time, the court can enter a default judgment. A default judgment often favors the petitioner, so it is best to act fast.
- Exchange Financial Information
You and your spouse must provide a complete and accurate list of your income, assets, and debts. You should be honest and avoid hiding assets or information. If you are caught lying about your finances, you could face legal consequences.
- Negotiation and Settlement
This is the stage where you and your spouse address key divorce-related issues, such as property division, child custody, and spousal support. Often, couples reach an agreement through negotiation, mediation, or collaborative divorce.
- Trial (if Necessary)
If an agreement cannot be reached, the divorce case proceeds to trial, and the judge rules on unresolved matters.
Note: California has a six-month waiting period before a divorce can be finalized.
Preparing for a California Divorce
Preparing for your divorce can help reduce stress and protect your rights. Here are some practical steps to take;
- Understand the divorce process in detail
- Gather and organize financial documents
- Consult a divorce attorney early
While you are not legally obligated to hire a divorce attorney, having an experienced California divorce lawyer can ensure your rights are protected and you don’t make costly mistakes.
Apart from the above legal and financial preparations, it is crucial to focus on emotional and practical preparations as well. Steps you can take include;
- Assembling a support system
- Preparing yourself mentally
- Creating a plan for your future
While the California divorce process can feel overwhelming, preparation and the right support can make all the difference. Understanding what to expect can reduce stress and give you confidence as you move forward, and hiring an attorney can ease the process. At Okwuosa Pulliam Law Group, our skilled Los Angeles divorce attorney is here to guide you every step of the way, from protecting your rights in property division to advocating for your children’s best interests. We are ready to stand by you with knowledge and compassion. Contact us today to schedule a case evaluation and let us walk with you through this phase of your life.
