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, your emotional, mental, physical, and financial well-being are paramount. We help you through this difficult time so that you are able to focus more on supporting your family’s well-being. Here is an overview of the California divorce process.
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.
Initiating The Divorce Process In California
Divorce or dissolution of marriage goes through the following steps under California law:
- Response or Answer
- Automatic Temporary Orders
- Divorce discovery
- Attempt at settlement
- Post-Judgment modification
Filing A Petition For Dissolution Of Marriage
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.
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.
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 are prepared by the court while special interrogatories are prepared by the parties. Both are required to answer truthfully subject to perjury, within 30 days from 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 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.
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.
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.
How Long Does A Divorce In California Take?
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 a Divorce Attorney in Corona, CA to schedule a consultation and explore your options.