Divorce In California

So you want a divorce. Or maybe you've just been served. What now?

Divorce can be simple or a significant undertaking with a lengthy to-do list, but understanding the fundamentals goes a long way, including saving money down the road.

Although the term "divorce" is often used broadly, there are actually several types of divorce in California.

It’s important to understand the different types and what they entail. Some are similar and can apply to various situations, while others have specific criteria and apply only in certain instances.

Knowing these differences can make the process smoother and help you transition to your new life more quickly and easily.

In a no-fault divorce, as long as the person who files for divorce is legally married, meets the residency requirements, and correctly follows the procedure, the divorce will be granted. A spouse cannot prevent it.

You don’t have to prove that either party is at fault or provide any grounds. All the court requires is for one spouse to declare that the marriage is irretrievably broken and that there’s no hope of reconciliation.

No-fault divorce streamlines the process of ending a marriage by allowing courts to make decisions.

However, a major criticism is that those at fault, such as cheating spouses or domestic abusers, can file for divorce without facing consequences. As a result, judges may not consider the reasons for the breakup when determining spousal support and property division.

According to data, the average cost of a divorce in California is around $17,500.

With kids, that average jumps significantly to $26,300. Kids complicate matters in divorce. When deciding on custody, visitation, child support, and other related issues, the process takes longer.

At the very minimum, divorce in California takes 6 months. The state requires a six-month waiting period for all parties seeking to dissolve their marriage, whether the dissolution is straightforward and uncontested or complicated and hostile.

This means that six months will pass between the date you serve the other party and when your divorce becomes final.

When there is significant property, assets, and debt, or there are points of contention, it often takes longer than six months.

Some cases require time-consuming investigatory procedures or the hiring of experts for forensic accounting, asset valuation, parenting evaluations, data recovery, and more.

This is a big topic, so here's a cursory overview. For a more in-depth explanation and links to forms, go here.

Fill out and file the divorce forms. The first person to file divorce papers with the court is called the petitioner.

Serve your spouse. An outside individual over the age of 18 must deliver the summons and petition.

Response. After you serve your spouse—or are served yourself—the respondent has 30 days to file a response.

Discovery. During this stage, both sides complete a disclosure declaration and exchange relevant information.

Temporary orders. This stage of the divorce involves requesting temporary orders for child custody, child support, spousal support, and more.

Settlement/Negotiation. There are three ways to finalize a divorce and obtain a judgment: settlement, default, or trial.

Sign the final documents. After the court approves the documents and at least 6 months have passed since the original date of service, your marriage is dissolved.

Yes. The technical term for a person who represents themselves in divorce or other legal matters is “pro se."

A pro se divorce may be the perfect fit in some situations. In simple cases with no children and little or no shared property or debt to divide, the process can go relatively smoothly. 

Essentially, the simpler the divorce, the fewer complications you encounter, and the easier it is to pursue this path.

Even if adultery is the reason your marriage ends, in many divorces it winds up playing a smaller-than-expected part.

There are, however, situations where adultery does impact divorce proceedings.

The scope and scale vary depending on the situation, but it can ultimately have a role in certain areas.

Spousal Support. The court may award alimony payments if you show that infidelity led to financial hardship. For example, over the course of an affair, or multiple affairs, perhaps your spouse accumulated significant debts or drained joint accounts paying for gifts, dinners, and hotel rooms.

Child Custody. If infidelity directly led to poor parenting choices, the court can consider this. Did your ex miss important events, such as birthdays, school plays, or baseball games, while having an affair? Instead of picking the kids up at school, was your spouse in the middle of an illicit tryst?

Division Of Property. Similar to spousal support, if there’s a situation where an affair directly contributed to an undue financial burden, infidelity may rear its ugly head. If your spouse emptied accounts, bought lavish gifts, or charged expensive hotels to a credit card, the courts may account for that.

FL-100 - This is the form to begin the divorce process.
FL-110 - This form is the Summons.
FL-115 - The Proof of Service of Summons lets you tell the court that you have notified your spouse.
FL-120 - This forms the basis for the response.
Form FL-140  - Declaration of Disclosure
Form FL-150  - Income and Expense Declaration
Form FL-142 - Schedule of Assets and Debts