California Divorce Process: A Step By Step Guide

In California, divorce is the process of dissolving a marriage or domestic partnership. The process can be filed by oneself or with an attorney. While no evidence or reasons are needed for divorce, there are some other requirements. These include a mandatory waiting period, a residency requirement, property settlement, and child custody agreements. The divorce process can be filed with an attorney, or one can file for divorce by themself by purchasing a dissolution package. This article will explain the divorce process, commonly asked questions, and provide information on how to file one’s own divorce.

How Does The California Divorce Process Work?

Getting a divorce in California can be condensed into seven steps.

One spouse files a divorce petition with the local court and then serves it to the other spouse
The other spouse or the respondent then must file a petition in response within 30 days
At this point, a spouse can request temporary court orders and an Order to Show Cause. At this initial hearing, a judge will decide temporary child custody, child support, alimony, child support, and restraining orders
Next, the spouses enter the discovery period of the hearing where relevant documents and information are exchanged. These include income reports, expense reports, tax documents, and other assets. Additionally, a Preliminary Declaration of Disclosure is filed which lists the community and separate property of each spouse.
The discovery period is followed by settlement. In the settlement period, attorneys, mediators, and or spouses try to reach a final decision on the divorce case. If the case is resolved by agreement, an attorney or family law facilitator must produce a Marital Settlement Agreement. This will include the stipulations, initial payments, and distribution of assets and debts. This contract is then signed by the spouses and their representatives.
If a clear and full agreement is not reached between the spouses, the judge will convene a trial.
After the Marital Settlement Agreement is signed or when the trial concludes, an attorney or the family law facilitator will prepare a Judgment of Dissolution of Marriage. This document records the court orders set in place and bears the name of the spouses and the officiators of the contract. It will then be filed and the divorce will be finalized.

What are the Requirements for Divorce?

California does not require any reason for a dissolution of marriage. The only requirements to get divorced in California are to be in an official partnership or marriage at the time of petition and to meet California’s residency requirements. California’s residency requirements include(2):

One spouse must have resided in California for at least six months or 180 days
One spouse must have resided in the county of filing for at least three months

How Long Does The California Divorce Process Take?

The California divorce process takes a minimum of six months to be finalized in the state of California. This is due to a mandatory six-month waiting period following the submission of a petition of dissolution to the court. After this period, spouses are expected to contemplate divorce, settle child custody, settle asset division, settle debt division, determine alimony, and determine child support. The divorce cannot be finalized until these matters are settled between the spouses out of court or the judge makes a decision.

How Can I Speed up the California Divorce Process?

The divorce process can be sped up by hiring an experienced attorney that can ensure forms are filed efficiently and correctly with the court in a timely manner. However, California state law states that anyone seeking a dissolution of marriage, divorce, or separation must go through a waiting period of six months after submitting a petition of divorce (1). At the end of the six months, the judge will then consider finalizing your divorce given that an agreement on asset division, debt division, and child custody has been settled. During this time period, spouses can file for temporary alimony. While divorce cannot be finalized in a period shorter than six months, a spouse can file for an order of protection, a restraining order, or a no-contact order if they feel they are in danger.

How Much Does A Divorce Cost In California?

The average cost of a divorce in California is $14,000. This includes court filing fees, judge fees, attorney fees, court hearing fees, and mediation fees, divorce education classes, and psychiatric evaluation fees if required by the court. Since California is a “no-fault” state when it comes to divorce, there are no punitive fees to either spouse no matter the reason for separation. The cost of divorce can vary widely because of these many factors. The largest factor is if asset division and child custody have to be mediated in court, which is more expensive, incurring more fees, or by reaching an agreement between spouses outside of court, less expensive without incurring additional court fees. If reaching a decision outside of court, the spouses will have to write up an agreement for the judge to sign. After it is signed the agreement will become a court order for the discussed material. If filing divorce by oneself, the filing fee for a dissolution package is $435. If one cannot afford their court filing fees, they can request a fee waiver from the county clerk.

Who Decides on Property Ownership?

Property ownership can be decided by the judge or by the spouses or partners seeking a divorce. In order for the divorcing couples to decide, they must reach a clear agreement. When deciding on property ownership, the judge will take into consideration factors such as assets, debts, the taxes property brings with it, work history, and the monetary status of the individual spouses. These factors will be weighed to determine who the property will benefit from and might be used in lieu of monetary asset distribution.

Divorce and Children

Child custody and visitation rights must be finalized during the divorce process. This can be decided by the separating spouses, or, if they cannot agree, the judge will decide. The judge will take into account things such as who can best support the children, the best way to keep their lives intact, such as school and community, any domestic abuse, child abuse, criminal history, threats, employment status, housing status, and the opinion of the children if they are mature enough to express their own will without bias from their parents.

Child Support and Alimony

Oftentimes, divorce will lead to child support or alimony being awarded to the spouse who cares for the children the most and the spouse who has a lower income or needs more support, respectively.

Child Support

Child support is awarded in cases where one spouse has primary care for the children (2). For example, if one spouse only has the children every other weekend, they would likely pay support to the other spouse who cares for the children on a more regular basis. Child support is then used to pay for food, clothes, education, and other regular needs. If one falls behind on child support payments, they could be found in contempt of court since the divorce and child support award is a court order. Additionally, they could face measures such as wage garnishments and the bank holds that work to ensure the other spouse receives payment. Child support ends when a child turns 18. If the child is still in school and living at home, child support ends when they turn 19 or graduate, whichever comes first.

Alimony

Alimony is awarded from one spouse to another and is also referred to as spousal support in the state of California. Alimony can be one of three forms. Temporary, this alimony lasts until the divorce is finalized or another type of support is awarded. It is meant to support the spouse during divorce proceedings so they can re-enter the workforce. Rehabilitative, this type of alimony is awarded to provide the supported spouse with the funds necessary to receive training and learn skills through programs and education so they can re-enter the workforce. Rehabilitative alimony ends when the spouse re-enters the workforce. The last type of alimony is permanent alimony. It is awarded to maintain the supported spouse at the marital standard of living. It is normally awarded in cases where a spouse is too old or unable to re-enter the workforce. Permanent alimony ends after a time determined by the judge, usually half of the marriage lifespan. All types of alimony ends when one spouse dies or when the supported spouse remarries.

Can I DIY My Divorce?

Anyone can file for their own divorce. This can be done by going to the local court clerk and purchasing a dissolution package. The dissolution package in California has a filing fee of $435. If the fee is too much because of low-income or financial hardship, one can request a fee waiver from the court clerk. Other divorce forms can be found on the California state website here. After filling out the dissolution package, the spouse will have to come to an agreement with the other spouse over child support, custody, asset and debt division, and alimony. Once an agreement is reached, the paperwork must be turned in for the local judge to review and sign. After the dissolution is signed by the judge and both spouses, the final step is to file it with the local court clerk. If filing one’s own dissolution, they are advised to hire an attorney to ensure that the legal proceedings are filed correctly and that the division of assets is fair.

Contact Pride Legal

If you or a loved one believe you are paying child support, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.