📌 Quick Summary
- California is a no-fault divorce state, meaning no one needs to prove wrongdoing.
- The divorce process typically takes six months or more due to legal waiting periods.
- Key issues include property division, spousal support, child custody, and child support.
- Divorce can be handled through mediation, collaborative law, or litigation.
- Hiring an experienced California divorce lawyer can help protect your rights.
Divorce can feel overwhelming, but understanding the process can make it less daunting. Whether you’re considering filing or responding to a divorce petition, knowing what to expect can help you navigate this transition with confidence.
California is a no-fault divorce state, meaning you don’t need to prove your spouse did anything wrong. The process involves several legal steps, and the choices you make along the way—whether negotiating a settlement or going to court—can significantly impact your future.
Step 1: Meet the Residency Requirements
To file for divorce in California, at least one spouse must have lived:
✅ In California for at least six months before filing.
✅ In the county where you file for at least three months.
💡 If you don’t meet the residency requirement, you may file for legal separation first and later convert it into a divorce.
Step 2: File the Divorce Petition
The spouse initiating the divorce (the petitioner) must:
- Complete & File Forms – The main form is the Petition (FL-100).
- File with the Court – A filing fee (typically $435-$450) is required.
- Serve the Divorce Papers – The other spouse (the respondent) must receive official notice.
🔹 What Happens Next?
- The respondent has 30 days to file a response.
- If they fail to respond, the court may proceed with a default judgment.
Step 3: Address Key Divorce Issues
During divorce proceedings, both spouses must resolve these major issues:
A. Property & Asset Division
- California follows community property laws, meaning assets acquired during marriage are split 50/50 unless agreed otherwise.
- Separate property (assets owned before marriage, inheritances, or gifts) remains with the original owner.
👉 Read More: How Property is Divided in a California Divorce
B. Spousal Support (Alimony)
- Spousal support is not automatic; courts consider factors like income, marriage length, and contributions to the marriage.
- Temporary support may be granted while the divorce is pending.
C. Child Custody & Support
- Custody is based on the best interests of the child (emotional bonds, stability, and parental ability).
- Child support is determined using California’s Child Support Guidelines.
👉 Read More: How California Courts Decide Child Custody
Step 4: Choose Your Divorce Process
🔹 Mediation (Low Conflict)
✔ Works best for couples willing to negotiate.
✔ A neutral mediator helps resolve disputes without court involvement.
✔ Less expensive & faster than litigation.
🔹 Collaborative Divorce (Moderate Conflict)
✔ Both spouses hire attorneys to negotiate a fair settlement.
✔ Involves specialists (financial advisors, child psychologists) if needed.
✔ Avoids trial but may still require court filings.
🔹 Litigation (High Conflict)
✔ Necessary when spouses can’t agree on major issues.
✔ The judge makes final decisions after court hearings.
✔ Time-consuming & costly, but essential if one spouse is uncooperative.
Step 5: The Six-Month Waiting Period
California law requires at least six months from the date the divorce petition is served before a divorce can be finalized. This period allows time for negotiation and settlement.
Step 6: Finalizing the Divorce
To complete the divorce, you must:
✔ Submit a Final Judgment of Dissolution.
✔ Ensure all agreements (custody, support, asset division) are filed with the court.
✔ Obtain the court’s final divorce decree.
👉 Need a California Divorce Lawyer? Let’s Talk.
Divorce is a major life transition, and having a trusted attorney can make a significant difference in protecting your rights and securing a fair outcome.
📞 Contact us today for a consultation and let’s discuss your options!
