While the story will be different for every couple, the steps to end a marriage remain the same. This guide is intended to be a general outline of the divorce process in California.
Filing for Divorce
California is a “no fault state,” which means the person filing for divorce can simply claim “irreconcilable differences.” A person must be a legal resident of the state where they file for divorce. In California, the rule is that you or your spouse must have been a resident for a minimum of six months. Additionally, you must have lived within the county where you are filing for at least three months prior to filing for divorce.
If you’re considering ending your marriage, the process begins when you (the petitioner) take the proper forms to the courthouse. The court clerk will charge a fee to file them (known as a first appearance fee which is currently $435), or you can apply for a fee waiver.
Serving the Divorce Papers
A third party who is at least 18 years old serves copies of those court forms to the other spouse (the respondent), and fills out a “proof of service of summons” to document this step. The “proof of service” demonstrates that the correct forms were used, and delivered in the right way.
The petitioner is responsible for returning the “proof of service” to the courthouse for filing.
Responding to the Summons
The respondent has thirty days to file a response with the court. If he or she chooses not to do this, the judge can end the marriage without hearing from both sides.
If the respondent does file paperwork, a copy is served to the petitioner by a third party. And again, this process is documented with a “proof of service,” which is filed by the respondent.
The Financial Disclosure
Both parties must account of what they own and owe. Both parties have to fill out a preliminary declaration of disclosure which consists of a schedule of assets and debts and an income and expense declaration. Supporting documents must be included, such as paycheck stubs, pink slips to vehicles, bank statements, credit card statements and retirement statements. This is required.
Discovery
Discovery is a process that allows either spouse to request documents and pose questions that must be answered. There can be five parts to discovery, but in the most basic terms, it’s an exchange of information.
Settlement Agreement or Trial
In California, the divorce process takes a minimum of six months and could stretch for a over a year or two. If a couple is unable to reach a settlement agreement on their own, they’ll need to go to court. Their divorce will not be considered legally complete until the court approves and signs a judgment.
Filing for divorce can be a complicated and overwhelming experience, especially when children are involved. Please contact us at Whipple, Mercado & Associates for legal guidance through this difficult time with initial free consultation.