THE DIVORCE PROCESS IN CALIFORNIA

Residency and Grounds

In order to file for divorce in California, one of the parties to the divorce must have been a resident of the State of California for at least six months prior to the filing

of the Petition for Divorce and a resident of the county where the Petition is filed

for three months prior to filing

California is a “no-fault” divorce state

This means that you are not required to prove that your

spouse did anything wrong to be granted a divorce

Residency and Separation

If you have not met the legal residency requirements to file for a dissolution, you can immediately file for a legal separation and then convert it to a dissolution when you do meet the necessary residency requirements

Filing and Answering the Petition

To begin the divorce process, one spouse must file a Petition for

Divorce along with a Summons

If there are minor children from the marriage, a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

form must also be filed

Respondent has 30 days to file a formal Answer with the court or risk

a default judgment being entered

Discovery Stage

Unless the parties reach an early agreement in the divorce,

the parties will then move on to the discovery stage

During the discovery stage, both sides will seek information

relevant to the divorce from the opposing party

Requests for Interrogatories, Requests for Production of Documents,

and Depositions might be filed or scheduled

Court may also appoint a guardian ad litem to determine what is in the best interest

of the children

Homes studies might also be ordered along with psychological evaluations and/or drug testing

Agreement or Trial

Court may order mediation if the parties cannot reach an

out of court agreement

The mediator is a neutral party who works with both sides to try

to reach a resolution

If you are able to reach an out of court settlement, your attorney will reduce the agreement to writing in the form of a “stipulated judgment” and file the agreement with the court

If an agreement cannot be reached, the case will proceed to trial,

where a judge or jury will decide the contested issues in the divorce

LEARN MORE ABOUT THE DIVORCE PROCESS IN CALIFORNIA

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