The California Divorce Process, Step by Step

January 6, 2020January 22, 2020
by Angie

The California divorce process, step by step, includes nine major components:

Preparing paperwork to file
Filing
Serving divorce papers
Responding to the divorce
Temporary orders
Financial disclosures
Discovery
Settlement
Trial

The California Divorce Process, Step by Step

While no two divorces are exactly alike, most California divorces follow the same series of events. Every step requires you, your spouse or your attorney to take different actions, so here’s a closer look at each.

#1. Preparing paperwork to file

For most people, the best choice is to work with a Stockton divorce attorney who can provide legal advice every step of the way. Preparing paperwork to file for divorce can be complicated, and you’ll need to gather up several pieces of documentation. You need:

Birth certificates	Pay stubs	Tax returns	Mortgage statements
Retirement account statements	Credit card bills and statements	Insurance policies and other documents	Other personal or financial documents, which your attorney can explain to you

#2. Filing

When your attorney has completed the summons and petition for your divorce, she’ll file it with the court system. If you have children from your current relationship, she’ll also file a special form that outlines their residences over the past 5 years.

#3. Serving divorce papers

Serving divorce papers simply means that you’re notifying your spouse that you’ve filed for divorce. (If your spouse has already filed, there’s a good chance that you’ve been served with divorce papers.) Your attorney will handle this part for you.

#4. Responding to the divorce

Your spouse will have a chance to respond to the divorce paperwork you filed – or, if your spouse filed, you’ll have a chance to respond. If the person who receives the papers doesn’t respond within 30 days, the divorce can move forward without his or her input.

#5. Temporary orders

Sometimes temporary orders are necessary. They’re orders the judge in your case makes, which are good until the divorce is final; sometimes these orders become permanent. Judges often issue temporary orders for things like:

Child custody
Child support
Spousal support
Exclusive use of property (for your home or other property)
Payment of attorney’s fees

Either party can ask the judge to create a temporary order during the divorce proceedings.

#6. Financial disclosures

You and your spouse are required to disclose your financial situations to the court during the divorce process. Because California is a community property state, and because some property is considered separate property (meaning that it belongs to only one of you), the courts need an accurate picture of your situation. You’ll have to provide documentation to back up your claims, which can include:

W-2s
Check stubs
Bank statements
Federal and state income tax returns
Titles and deeds
Retirement account statements
Credit card statements
Insurance policies

You may need other documentation as well. Your attorney will explain what you need.

#7. Discovery

Discovery is the legal method of getting the information you need from your spouse during the California divorce process. Your attorney will file a formal legal request and may ask your spouse to answer written questions – and your spouse will have to admit or deny the truth of a statement under penalty of perjury. Your attorney may also want to depose your spouse, which means he or she will have to give oral testimony under penalty of perjury.

#8. Settlement

You and your spouse will reach a settlement (you can reach a settlement without Step 7 if you both agree that you’ve provided all the necessary documentation) at some point during your divorce process. The settlement is the result of a give-and-take negotiation where you and your spouse find common ground on things like property division and child custody. Your settlement agreement will also include information on:

Child custody and visitation
Child and spousal support
Property division
How you’ll handle your debts
Your new marital status and, in some cases, a name change for one party

#9. Trial

Not all divorce cases end in a trial. In fact, you only have to go to trial if all your other settlement options have failed. Either you or your spouse can request a trial, but in some cases, the judge will set one even if neither of you asks.

The best way to keep your divorce out of court (other than to get a judge’s signature on your divorce paperwork) is to settle things with your spouse on your own. Trials can be time-consuming and expensive, and if you go to trial, your divorce will take much longer than it would if you settled.

Do You Need to Talk to an Attorney About the California Divorce Process, Step by Step?

We’ve helped many people in Stockton, and we can help you, too. Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions, including those about child custody and child support, property division and more.

Divorce

What Are the Legal Stages of Divorce in California?

May 6, 2019May 10, 2019
by Angie

When you and your spouse are splitting up, there are a few ways you can go about it. Some people qualify for annulment or choose legal separation, but most people use divorce as a means to dissolve their marriages.

Divorce is a legal process. You don’t need grounds to split up from your spouse, and you don’t need to prove that he or she did anything wrong – you just have to let the courts know that you’re unable to continue living within the confines of your marriage.

So what are the legal stages of divorce in California, and how long does it take to get through them? Here’s what you need to know.

What Are the Legal Stages of Divorce in California?

Divorce, like any other legal process, has certain phases and steps you and your Stockton divorce attorney must take. Here’s a rough outline of the legal stages of divorce:

The divorce petition
Temporary orders, if necessary
Service of process
The divorce petition response
Negotiations
Trial, if necessary
Order of dissolution

Legal Stage of Divorce #1: The Divorce Petition

Every divorce starts with a petition that goes to the court. It’s a legal document asking the court to grant an order of dissolution – the document that officially ends your marriage.

Your lawyer will create a petition that states the grounds for your divorce, such as irreconcilable differences.

Legal Stage of Divorce #2: Temporary Orders

Judges don’t always have to issue temporary orders during divorce, but sometimes they’re necessary for things like child support or financial support. Temporary custody orders can come into play here, too. Once a couple splits up, they’re put in place to last until permanent orders take over.

Legal Stage of Divorce #3: Service of Process

After petitioning the court for a divorce, the party who filed is responsible for showing the court that a copy of the petition went to the other party. Your attorney will handle all of this for you – it’s not something you have to worry about, but it is one of the legal stages of divorce.

Legal Stage of Divorce #4: The Divorce Petition Response

Once your spouse gets a copy of the divorce petition, he or she will file a response to it. If he or she disagrees on things like property division, child support, child custody or anything else, they’ll be in the response.

Legal Stage of Divorce #5: Negotiations

You and your spouse can negotiate based on what’s in his or her response. Your attorney will most likely encourage you to come to your own agreements about all the important issues in your divorce. If you can’t agree, the judge in your case will have to make decisions for you – and while that’s fine if it’s necessary, you’ll save time and money if you don’t have to go to trial (that’s the next legal stage in divorce).

One thing’s for sure, though: Couples who reach their own agreements without the court having to intervene are generally more satisfied with the outcome. Each party can walk away feeling more like he or she won rather than lost. Unless you and your spouse absolutely cannot agree, it’s in your best interest to try to negotiate.

Legal Stage of Divorce #6: Trial

Issues that you and your spouse can’t resolve between yourselves will go to trial. Your attorney and your spouse’s attorney will present evidence to the judge in your case, and the judge will make a decision for you. Judges can make all kinds of determinations, including child custody and property division – but again, it’s better if you and your spouse can reach agreements on important issues rather than go to trial.

Remember, too, that there’s no way to predict how a judge will rule… even if you think you have all the evidence you need to get what you want.

Legal Stage of Divorce #7: Order of Dissolution

After the judge has signed off on the agreements you’ve made (or the judge has made decisions on all the issues that he or she needs to settle for you), the court will give you an order of dissolution. The order of dissolution – your divorce decree – will spell out how you’re dividing property and debts, where your kids will live, how much child support will change hands, and every other issue that you and your spouse have settled.

Need Help Understanding the Legal Stages of Divorce?

If you’re divorcing your spouse, even if he or she has already filed for dissolution, we may be able to help you.

Call us at 209-546-6870 to schedule a consultation with a divorce attorney in Stockton. We’ll answer all your questions and begin developing the strategy that gets you the best possible outcome.

Tag: <span>Trial</span>

The California Divorce Process, Step by Step

The California Divorce Process, Step by Step

#1. Preparing paperwork to file

#2. Filing

#3. Serving divorce papers

#4. Responding to the divorce

#5. Temporary orders

#6. Financial disclosures

#7. Discovery

#8. Settlement

#9. Trial

Do You Need to Talk to an Attorney About the California Divorce Process, Step by Step?

What Are the Legal Stages of Divorce in California?

What Are the Legal Stages of Divorce in California?

Legal Stage of Divorce #1: The Divorce Petition

Legal Stage of Divorce #2: Temporary Orders

Legal Stage of Divorce #3: Service of Process

Legal Stage of Divorce #4: The Divorce Petition Response

Legal Stage of Divorce #5: Negotiations

Legal Stage of Divorce #6: Trial

Legal Stage of Divorce #7: Order of Dissolution

Need Help Understanding the Legal Stages of Divorce?