What Can You Expect During the Divorce Process?
As a divorce lawyer in California, I understand how overwhelming the process can be. Many of my clients come to me unsure of what to expect and concerned about their future.
Here’s what you should know about the key stages of divorce in California and what you can expect each step of the way. Be sure to consult with an experienced family law attorney like me, Shelly Jean John, to gain a better understanding of this process.
Initial Consultation and Filing for Divorce
The first step in any divorce process is an initial consultation, where we’ll discuss your situation, answer any questions you have, and determine the best way to proceed. I’ll help you understand the legal aspects of divorce, including property division, spousal support, child custody, and visitation.
This initial meeting is also an opportunity for you to share your goals and priorities, so we can develop a strategy tailored to your needs. Once you decide to move forward, the next step is filing for divorce. In California family law, divorce takes the following key steps:
Meet residency requirements: Before filing, one spouse must have lived in California for at least six months and in the county where the petition is filed for at least three months.
File the petition: Start the process by filing a "Petition for Dissolution of Marriage" (Form FL-100) with the court in the appropriate county. Alongside this, file other necessary forms, including the “Summons” (Form FL-110) and, if you have minor children, the “Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act” (Form FL-105).
Serve your spouse: Legally serve your spouse with the divorce papers. This step confirms that your spouse is informed about the divorce filing. Service must be done by someone other than yourself, typically a professional process server or sheriff, and proof of service must be filed with the court.
Wait for a response: Your spouse has 30 days from the date of service to file a “Response” (Form FL-120) if they wish to participate in the process. If they don’t respond, the case may proceed as a default divorce.
Exchange financial disclosures: Both parties must complete and exchange financial disclosures, which include income, assets, debts, and expenses, providing transparency and fairness in property division and support agreements.
Negotiate and reach agreements: Couples are encouraged to negotiate terms on property division, child custody, and spousal support. This can be done directly, through mediation, or with attorneys.
File a judgment: If an agreement is reached, prepare and file a “Judgment of Dissolution” form and other required documents for court approval. If no agreement is reached, the case may proceed to trial.
Finalization: After at least six months from the filing date, the court can issue a final divorce decree, officially ending the marriage.
Waiting Period and Temporary Orders
California family law dictates a mandatory six-month waiting period for all divorces. This means that from the time the petition is served to the finalization of the divorce, there must be at least six months.
During this waiting period, we may need to establish temporary orders if you and your spouse require immediate guidance on issues such as child custody, spousal support, or use of the family home. Temporary orders provide a way to maintain stability and structure while the divorce is in progress.
Temporary orders can cover a range of matters, including financial support, custody schedules, and access to joint bank accounts. We’ll work together to present your needs to the court, aiming to establish temporary arrangements that are fair and manageable for both parties.
If you and your spouse can’t agree on these matters, we may need to attend a hearing where a judge will make these determinations.
Financial Disclosures and Discovery
In California, both spouses are required to complete a full financial disclosure. This is an essential part of the divorce process, as it makes sure that transparency is prioritized in all financial matters, helping to prevent misunderstandings and confirm a fair division of assets.
As your attorney, I’ll guide you through the process of completing and filing these disclosures, which include information about income, expenses, assets, and debts. Financial disclosures also pave the way for the discovery process, where both parties gather information relevant to the divorce.
Discovery may include obtaining financial records, bank statements, property valuations, and other relevant documents. This process can be particularly helpful if one spouse suspects the other is hiding assets. If we need additional information, we may use tools such as depositions or subpoenas to gather evidence that supports your position.
Negotiating a Settlement
In many family law cases, divorcing couples are able to reach a settlement agreement, which outlines the terms of their divorce, including asset division, spousal support, and child custody arrangements. Settlement negotiations can take place informally between attorneys or through mediation.
I often encourage clients to consider mediation, as it allows both parties to work collaboratively with a neutral third party to find mutually beneficial solutions. During settlement discussions, my role is to advocate for your interests and check that the agreement reflects your needs and priorities.
If we reach a settlement, we’ll submit it to the court for approval. Most courts in California are supportive of settlements, as they reduce the need for prolonged litigation and give couples more control over the final outcome.
Litigation and Trial (If Necessary)
If settlement negotiations don’t lead to an agreement, this family law case may go to trial. In a trial, a judge will make final decisions on all unresolved matters. Litigation can be more time-consuming and costly than mediation, and it often adds emotional stress for both parties.
However, if negotiations stall or one party refuses to compromise, a trial becomes the only option. During trial preparation, we’ll gather evidence, identify witnesses, and create a strong argument that presents your position clearly to the judge.
At trial, the judge will evaluate the evidence and make legally binding decisions on matters such as property division, child custody, and support payments. As your family law attorney, I’ll represent you in court and work diligently to present a compelling case that supports your goals.
Child Custody and Visitation Arrangements
If you and your spouse have children, custody and visitation arrangements will be a key part of your divorce. In California, child custody decisions are based on the following:
Best interests of the child: California courts prioritize the best interests of the child when determining custody and visitation. This means considering factors like the child’s health, safety, and welfare, as well as each parent’s ability to care for the child.
Types of custody: Custody in California is divided into two types:
Legal custody: Determines which parent can make important decisions about the child’s health, education, and welfare. Legal custody can be joint (shared by both parents) or sole (granted to one parent).
Physical custody: Refers to where the child will live. Physical custody can also be joint or sole, depending on what arrangement serves the child's best interests.
Parenting plan agreements: Parents are encouraged to create a parenting plan together, outlining custody and visitation schedules. If both parents can agree, the court typically approves the agreement as long as it serves the child's best interests.
Mediation requirement: California requires parents to attend mediation if they cannot agree on custody and visitation. A neutral mediator helps facilitate discussions, and any agreed-upon arrangement is submitted to the court for approval.
Court-ordered custody arrangements: If mediation doesn’t lead to an agreement, the case goes to court. The judge will assess various factors and may request input from child specialists or custody evaluators to make a decision that supports the child’s welfare.
Modification of custody orders: Custody and visitation arrangements can be modified after the divorce if there’s a significant change in circumstances, such as relocation, a change in the child’s needs, or parental availability. The court will again prioritize the child’s best interests in these cases.
As an experienced family law attorney, I advocate for arrangements that prioritize your child’s well-being while honoring your parental rights.
Finalizing the Divorce
Once all issues are resolved, either through settlement or court ruling, we move to finalize the divorce. In California, this involves submitting a “Judgment of Dissolution” to the court, which outlines all terms of the divorce, including asset division, support obligations, and custody arrangements.
The court will review the judgment, verifying that it meets all legal requirements. Once approved, the divorce is finalized, and you’ll receive a notice confirming the end of the marriage. California’s mandatory six-month waiting period means that, regardless of when terms are agreed upon, the divorce cannot be finalized until six months have passed since the initial filing.
Divorce in California is a multi-step process that involves filing paperwork, negotiating terms, and possibly going to court. By knowing what to expect and working with a skilled attorney, you can make informed decisions that support your future well-being.
Help When You Need It Most
If you’re considering divorce or need assistance with a family law matter in Ontario or Riverside, California, or across San Bernardino County and Riverside County, I'm here to guide you every step of the way. Call the Law Office of Shelly Jean John today.