You are not legally required to have a lawyer for a divorce in California, but the process can be confusing and the decisions you make are long-lasting. Court staff cannot give you legal advice, and mistakes about support, custody, or property division can be difficult and expensive to fix later. Having an experienced California divorce attorney means you have someone to explain your options, advocate for you, and create a strategy tailored to your goals. For most people, that guidance provides clarity, protection, and peace of mind during a very stressful time.
Divorce
Experienced California Divorce Attorneys You Can Trust
At Moore Family Law Group, our California divorce attorneys guide you through every stage of divorce in California with compassionate support, explaining the laws, process, timeline, and financial impact in plain English. Whether you’re facing a high-asset divorce, a military divorce, or a complicated custody situation, our team builds a strategy to protect your rights, your kids, and your future.
Divorce Process in California: Step-by-Step Overview
Instituting divorce proceedings is difficult. The end of a marriage is painful, and navigating the legal process can be very daunting. At Moore Family Law Group, our California divorce attorneys prioritize your emotional, mental, physical, and financial well-being. We guide you through this challenging time so that you can focus more on supporting your family. Here is an overview of the California divorce process.
California Divorce Laws: Key Things to Know
California is a no-fault divorce state, which means you don’t have to prove your spouse did anything wrong to end the marriage. It’s enough to state that there are “irreconcilable differences.” At Moore Family Law Group, we focus on the practical impact of California divorce laws on your specific situation, so you understand what really matters for your case.
California also follows a community property system. In general, assets and debts acquired during the marriage are presumed to belong to both spouses and are divided as fairly as possible, often close to 50/50. Separate property, such as assets owned before marriage, certain inheritances, or gifts may be treated differently. We explain how property is divided in a California divorce so you understand what’s likely to be considered community versus separate property.
When children are involved, California courts make decisions based on the best interests of the child. Judges look at factors like each parent’s relationship with the child, stability, safety, and the ability to co-parent. We also help parents understand California child custody and visitation laws and build parenting plans that protect their relationship with their children.
Our team also advises on spousal support in California, including temporary and long-term support orders.
How Much Does a Divorce Cost in California?
The cost of a divorce in California varies widely. For a simple, uncontested divorce, total legal fees and court costs may stay relatively low. Contested cases involving businesses, real estate, or difficult custody disputes can cost significantly more because they require more filings, discovery, and court time. At Moore Family Law Group, we start with a clear strategy and budget so you understand potential costs up front, and we constantly look for ways to resolve issues efficiently without sacrificing your long-term outcome.
California Residency
Either you or your spouse must be a resident of California for at least six months prior to filing for divorce. You should also be a resident of your present county for at least three months prior to filing. If you haven’t lived there for three months, you may institute the action in the California county you previously lived in. There is no requirement for cohabitation so you don’t have to be living together prior to filing.
How to File for Divorce in California | Initiating The Divorce Process
Divorce or dissolution of marriage goes through the following steps under California law:
- Filing
- Service
- Response or Answer
- Automatic Temporary Orders
- Divorce discovery
- Attempt at settlement
- Trial
- Judgment
- Post-Judgment modification
Filing a Petition for Dissolution of Marriage in California
From the get-go, filing for divorce is complicated. If you are considering divorce, it is important to be aware of the things involved in the process. California is a no-fault divorce state. This means that you don’t need to prove that your spouse is at fault. There is no need to justify your reasons for divorce just that both parties reach an agreement on their terms.
However, it is important to remember that although there is no need to allege fault, it may be weighed when it comes to issues like child custody.
To formally begin the divorce proceedings, one spouse must file a Petition for Dissolution of Marriage. This is filed in the district court of the county where you or your spouse resides. The petition basically asks the court to allow the divorce. It identifies the spouses as the parties, where the person filing is the petitioner and the other is the respondent. It also identifies children born of the marriage as well as requests for settlement like housing, custody, financial arrangements, and so on. Our California divorce attorneys are here to make each step of the process clearer and less overwhelming.
Serving Divorce Papers in California
The respondent has the right to be notified of any legal action taken against him or her. So, once the petition is completed, the petitioner must serve a copy to the respondent. Upon proper service, the respondent has thirty days to respond.
In the event that no response is made, the petitioner may move for a default judgment. However, no judgment must be entered within six months of the date the response is served. This is called the cooling-off period, which gives the couple a chance to think things over and hopefully reconcile.
Automatic Temporary Restraining Orders (ATROS)
In the State of California, Temporary Restraining Orders are automatically initiated as soon as the Petition is filed. There is no need to apply for them and they remain in force until the court orders it is dissolved or a final judgment is entered in the divorce.
What Are ATROS for?
They are meant to protect the parties by preventing them from doing anything against the other out of spite or anger. These include:
- Barring either party from taking their children out of state without the written consent of the other party.
- Both parties are not allowed to sell or dispose of shared real or personal property. This includes money in shared accounts which must not be withdrawn and put into a separate account.
- Changes to insurance policies are prohibited.
- Each party is required to notify the other five days before making an expensive purchase. All extraordinary expenses incurred after the restraining orders have taken effect must be accounted for in court.
Other Temporary Orders
The court allows the parties to file for temporary restraining orders within the mandatory six-month waiting period. These orders cover things like housing, financial arrangements, and custody/visitation up until the final judgment is entered.
Divorce Discovery in California
Discovery refers to the process where the parties request documents and information from each other. Discovery may be formal or informal. Informal discovery may be as simple as writing a letter to the opposing party and requesting a meeting in order to gather information. While this is the less expensive route, it may limit your access to information and is less likely to ensure cooperation.
Formal discovery involves several methods, the most common are:
- Interrogatories – the parties prepare written questions for the other to answer. Form Interrogatories and Special Interrogatories are prepared by the parties. Both are required to answer truthfully subject to penalty of perjury, within 30 days of receipt.
- Request for Admission – these ask the other party to deny or admit certain facts. If these are not denied or admitted within 30 days, they are considered admitted.
- Requests for Production of Documents or Things – these are written requests asking the other party to turn over particular documents or items. These may include tax returns, credit card statements, pay stubs, and so on.
- Depositions – this process is where a party or a witness is required to answer questions orally. This is not done in court but in less formal venues like an attorney’s office. The deposition is recorded by the court reporter and may be used as evidence in court.
It is at this stage where divorce proceedings get held up, especially if the parties have numerous shared assets.
Final Judgment in a California Divorce
After all the processes have been completed and the six-month waiting period has elapsed, the parties are ready for settlement negotiations. The ease of arriving at the finalization where judgment is rendered depends on several factors. These include the intricacy of assets involved, the availability of materials during discovery, and the relationship between parties.
Once both sides settle on the final terms, the judge will sign the judgment, and the divorce is finalized. Should the parties not settle; issues may be litigated at trial.
Post-Judgment Modifications After a California Divorce
Sometimes circumstances change and a party may request modifications to the judgment. This can be done subject to conditions set by law. Most of the time, these requests involve adjusting the financial arrangement or custody arrangement, and our California divorce attorneys can help ensure those modifications are handled properly. Working with experienced California divorce attorneys ensures that your rights and best interests remain protected.
How Long Does a Divorce in California Take? Timeline & Waiting Period
While it is mandatory that there is a six-month waiting period before a judgment may be entered, it does not necessarily mean that divorce is finalized within six months. A simple uncontested divorce may take six months but a contested divorce may take years. On average, divorce proceedings in California take 12-18 months.
Divorce can be a very painful time in one’s life, much like losing a loved one to death. It is an emotionally charged time, where anger, overwhelm, sadness, and frustration loom. On many occasions, one is faced with losing some of their assets, time with their children, some of their income, and having to change their lifestyle, in addition to the emotional pain. Don’t go through it alone, contact Moore Family Law Group to schedule a consultation and explore your options.
Divorce is one of the most challenging experiences a family can face, but you don’t have to go through it alone. With 17+ years of proven results, our California divorce attorneys provide the clarity, strategy, and support you need to move forward with confidence. If you’re ready to protect your future and take the next step, schedule your private consultation with Moore Family Law Group today.
You can also visit the State Bar of California for more resources on family law and divorce.
FAQ
How do I file for divorce in California?
To start a divorce in California, one spouse files a Petition for Dissolution of Marriage and related forms with the court, then has the other spouse properly served with the paperwork. The responding spouse can then file a Response if they choose. From there, your case moves into the stages of financial disclosure, negotiation, and, if needed, court hearings. Our California divorce attorneys guide you through each step so you don’t miss deadlines or important details.
How long does a divorce take in California?
California has a mandatory six-month waiting period from the date the other spouse is served before a divorce can be finalized, even in simple cases. Contested issues, like custody, support, or property division, can extend the timeline because they require more negotiation, court dates, or trial. Some couples resolve everything quickly and are simply waiting for the clock to run out, while others need more time to work through disputes. We help you keep the process as efficient as possible while still protecting your long-term interests.
How much does a divorce cost in California?
The cost of a divorce in California depends on how many issues are contested and how willing both spouses are to cooperate. Uncontested divorces with limited conflict are generally far less expensive than high-asset or heavily litigated cases involving complex property and custody disputes. Fees can include court costs, attorney’s fees, experts, and document preparation. At Moore Family Law Group, we focus on clear strategy, realistic expectations, and smart negotiations to help manage the overall cost of your case.
Do I have to prove fault to get a divorce in California?
No. California is a no-fault divorce state, which means you do not have to prove that your spouse did anything wrong, such as adultery or abuse, to end the marriage. Most divorces are granted based on “irreconcilable differences,” which simply means the marriage cannot be repaired. Misconduct can sometimes matter in specific issues, like domestic violence and safety concerns, but it is not required to file or finalize a divorce. Our attorneys can explain when a spouse’s behavior may still be relevant to your case.
What is the six-month waiting period in a California divorce?
The six-month waiting period is the earliest point at which a California divorce can be finalized, and it begins when the responding spouse is properly served with the divorce papers. This doesn’t mean your case will automatically be done at six months, it just means the court cannot enter a final judgment any sooner. During this time, spouses work through disclosures, negotiations, and any court hearings needed to resolve their issues. We use the waiting period to move your case forward so you’re ready for judgment as soon as legally possible.
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