California refers to divorce as the dissolution of marriage. Initially, divorce in California was possible by proving "fault" in your spouse. However, the Family Law Act of 1969 made it possible to file a no-fault divorce in California.
You can file a "no-fault" divorce in California based on irreconcilable differences. You can also file for divorce when your spouse is legally incapable of making decisions. The court will bring in medical experts when determining if your spouse is lawfully unable to make decisions.
When you decide to file for divorce, it is crucial to engage the services of a divorce attorney. A divorce attorney will help you file for divorce and walk you through the process. Our legal team at San Diego Divorce Attorney will check on your case and advise you if you qualify to file for divorce in California.
Understanding the Divorce Process in California
When you decide to initiate divorce proceedings in California, you must start the process by filing a dissolution of marriage petition. To file for the dissolution of marriage in California, you or the respondent must be a resident of the county you intend to file your divorce.
The Procedure For Filing For A Divorce In California
When filing for divorce in California, you must follow these steps:
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Filing Divorce Forms
Form FL-100 (Petition)
A petition is the first initial form you will file with the family court clerk, which initiates the dissolution of marriage proceedings. In this form, you will let the court know your request for divorce. Your request could be:
- Child support.
- Attorney's fees.
- Spousal support.
- Other orders.
Additionally, the petition addresses crucial facts about your marital relationship and what you want the court to address. Initial divorce proceedings contain the following information:
- The date you were married.
- Separation date.
- Information on minor children.
- Information on spousal support.
- Information on properties and debts (separate and community).
Form FL-100 (Summons)
A summons is a document notifying your spouse or respondent to appear in court. A summons also contains information regarding your intentions toward your assets and debts.
A court clerk will issue the summons, requesting the respondent respond to your petition. The respondent has 30 days to respond to your petition from the day you serve them with the paperwork.
When the court clerk issues the summons, the law places an automatic restraining order on you and your spouse. With this restraining order, you and the respondent cannot:
- Remove your children, who are minors, from the state of California.
- Apply or replace the minor's passports.
- Borrow against, dispose of, cash in, change, cancel, and transfer the beneficiaries in an insurance cover. Insurance cover may be automobile, health, or life, that you or your spouse have to benefit you or your children.
- Modify or create a non-probate transfer that will affect your property's disposition without your spouse's written consent or a court order. For any changes on your non-probate transfer, you file a notice of transfer or change with the court clerk and serve your spouse with it before any revocation takes effect.
- Transfer or dispose of any personal or real property without written consent from your spouse or a court order. However, you can move or dispose of said property if it is part of your business transactions.
- If you have to spend an extravagant amount after filing for a divorce, you should notify your spouse of the proposed expenditure five working days before.
Filing UCCJEA Form FL-105 ( Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act)
You must file Form FL-105 if you have children under 18. When you file this form, you provide the family court with crucial information regarding the minors. The form requests information like your child's name, gender, date of birth, and residence. The information you provide on this form will play a crucial role in your divorce proceedings, as it will help the judge determine the child's visitation schedule and custody.
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Have Your Attorney Review Your Forms
After filling out your petition form, it is crucial to have your attorney review it, as the information will be essential to the outcome of your divorce proceedings. Ensure that you provide factual, accurate, and correct information. You should fill out the forms under the guidance of your family attorney, as this saves you time.
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Filing the Forms With The Court Clerk
When it comes to filing your divorce paperwork, you will need to understand the following:
Cost of Filing For the Divorce
If you are wondering if there is any cost for filing your divorce paperwork, the answer is yes. You must make an appearance, which is mandatory when you file for divorce in California. You should first pay an appearance fee when you start the divorce proceedings.
However, if you are benefiting from state aid like disability aid, you can apply for a waiver and have these charges waived. Additionally, you can ask for assistance with paying the appearance fee or apply for a payment plan that fits your budget.
Filing Your Divorce Papers
When filing your papers, you or your attorney must take them to the clerk at the local family court. You should understand that most counties have several family courts in different locations, so you should check on the location of the family court you wish to file your divorce at. Also, check out when your local family court is open, as most do not keep regular working hours.
When filing your documents, make two copies of each document and then punch the original document with a double hole. By hole-punching the original document, you will make it easier for the clerk to file your paper. The clerk will stamp the copies, endorsing them, and you can then keep your copy while you serve your spouse with the other copy.
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Serving Your Spouse
After you file your petition with the court, the law requires you to notify your spouse about the proceedings by serving them with the copies you filed at the court. The law requires you to serve your spouse with the paperwork in either one of the following ways:
Certified Mail
You can use certified mail to serve your spouse with the divorce paperwork, primarily if they do not reside in the state. Remember to request a return receipt, as this will prove that you served your spouse in court.
After receiving your divorce documents, your spouse must sign Form FL-117, Notice and Acknowledgement of having received your divorce papers. Your spouse has 30 days from receiving your divorce papers to sign Form FL-120 and return them to you.
Personal Service
You should note that you cannot serve your spouse with divorce papers yourself, but you could have a friend, family member, or law enforcement officer like a county sheriff serve them. If you think your spouse will be volatile upon receiving the divorce papers, use a registered or licensed divorce process server instead of family or friends.
After they serve your spouse with the divorce paperwork, they should fill out a proof of service form. This form lets the court know how and where they filed the divorce papers.
While serving your spouse with divorce papers, ensure you enclose your filed copy of the petition, UCCJEA, and summons. Additionally, remember to enclose documents they will need to respond to you. These documents include a blank response form FL-120 and a blank form FL-105 in case you filled out form FL-105.
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Temporary Divorce Orders
A temporary order is a legal way in which you and your spouse can address issues arising before a divorce settlement. Some of the problems that a temporary order can address include the following:
- Spousal support.
- Children visitation schedule.
- Health insurance.
- Child support.
- Attorney's fees.
- Temporary custody of minors.
- Grant a spouse possession of property like a car or house.
You realize that most divorces take up to six months from the time you file your petition before they can be settled. In this case, a temporary order will come in handy and help you address any issues before the conclusion of the legal process.
One thing to note about temporary divorce orders is that they do not have an expiration date.
Sometimes, as parents, you need to have a plan to follow with your children as you wait for a divorce settlement—they must seek the advice of your family attorney regarding temporary orders. If you think your savings will not last until the payment settlement, address this issue without waiting for a zero balance in your account.
Obtaining Temporary Divorce Orders
After filing your petition, you must file a motion with the court to obtain a temporary divorce order. When filing your motion for a temporary divorce order, you must show the court why and what you need to include in the order. Filing a motion for a quick divorce order requires you to have additional paperwork.
Who Can File For A Temporary Divorce Order?
You or your spouse can file a motion for temporary divorce orders. A judge can issue the order, or you can have an agreement with your spouse. Having a document signed by the judge ensures you can enforce it under the law, which helps mitigate conflicts while ensuring everything is crystal clear.
You should file a motion for a temporary divorce order as soon as your divorce proceedings start. Chat with your attorney, as they can advise you on what to do at every step of the divorce proceedings.
You should note that after filing a motion, it will take around two months before a judge can hear it. Therefore, you should plan everything correctly, as these timelines could make things tricky.
One of the most manageable parts of divorce proceedings is obtaining a temporary order. All you have to do is file your paperwork with the court clerk, requesting temporary divorce orders. This motion will set forth a short hearing before the judge, which takes approximately 20 minutes.
To start the motion, you must file a Request for Order form FL-300. While filing this form, it is crucial to note that the document may require you to fill in additional documents. For example, if you request spousal or child support, you must file Income and Expense Form FL-150. Therefore, consult your divorce attorney before filing any form for guidance.
After you file your motion, the court clerk will put you on the judge's calendar, and you should appear before the judge on that day.
The clerk will file the original document and endorse your two copies. You should keep a copy and ensure you promptly serve your spouse with the other copy.
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Financial Disclosure
Financial disclosure means sharing your financial information with your spouse. The law does not require you to file these financial documents with the court; the requirement is for you to share them with your spouse.
In California, financial disclosure contains four documents, namely:
- Form FL-140.
- Form FL-141.
- Form FL-142/160.
- Form FL-150.
Filing these forms helps you list all your assets, income, debts, and expenses. Financial disclosure ensures you provide the court with a rough estimate of each property's value, which will help the court determine how to divide your property.
When filing and making financial disclosure, you should consider having the following documents with you;
- Income tax returns, including federal and state tax returns.
- Paycheck statement.
- Mortgage statements.
- Bank account statements.
- Property deeds.
- Credit card statements.
- Retirement schemes.
- Insurance statements.
Your attorney should help you with these documents, as they need to be formatted in a certain way. Then send copies to your spouse, but file forms FL-141 and 150 at the court.
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Discovery Stage
The discovery stage allows you to obtain relevant information from your spouse.
You can seek further clarification or information from your spouse during this stage. When you request discovery, your spouse has up to 30 days to respond.
The law allows you up to 60 days of discord before trial. Some of the ways you can serve your spouse through discovery include the following:
- Request for documents.
- Interrogatories.
- Dispositions.
- Requests for admissions.
When dealing with divorce, information plays a crucial role. Discovery allows you to better understand your financial standing as a couple. After discovery, you will know your spouse's income, debts, and the evidence they intend to provide at the trial. With this information, you can protect your rights.
One thing to note about the discovery is that it is costly. You will need to invest heavily in the preparation and serving of discovery. Also, your spouse may view discovery as an act of war against them. After serving your spouse with discovery, you should be prepared for them to ask the same of you. This back-and-forth can create a lot of tension in an already volatile situation.
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Default Divorce Judgment
If your spouse fails to respond to your summons within the stipulated 30 days from the time you serve them, you can file for a default divorce judgment.
Filing for default judgment requires you to fill out the following forms:
- Form FL-150 (income and declaration order).
- Form FL-157 (spousal support declaration document).
- Form FL-160 (property declaration attachment).
- Form FL-165 (request to apply for default judgment).
- Form FL-170 (declaration for uncontested dissolution of marriage).
- Form FL-180 (judgment).
- Form FL-190 (notice of entry of review).
- Form FL-191 (child support registry form).
- Form FL-192 (notice of responsibilities order).
- Form FL-195 (income withholding form).
- Form FL-341 (child visitation and custody order).
- Form FL-342 (child support order).
- Form FL-343 (family, partner, or spousal support order).
- Form FL-345 (property order).
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Divorce Settlement
A comprehensive divorce settlement resolves all issues raised during the process. A settlement is an agreement between you and your spouse.
The final divorce judgment will reflect what you both agreed. Some of the issues that will reflect in the divorce settlement include
- Child support.
- Property division.
- Spousal support.
- Child visitation schedule.
- Attorney fees.
- Debt allocation.
- Marital status.
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Trial
You will go to trial if you and your spouse cannot resolve your issues through a settlement. A trial will help finalize your divorce. You or your partner can request a trial.
Sometimes, separating several divorce issues can help settle the case faster. Setting a separation date can provide an excellent intervention in your case. If a judge rules on a separation date, it will be easier to resolve other issues.
Although going for a trial can be time-consuming and expensive, you can only avoid it if you agree to a settlement with your spouse.
Most divorce trials are bench trials where only the judge makes a decision.
Who Can Testify In Your Trial?
Party Witnesses
You and your spouse will have to testify as party witnesses at your trial. You will have to give your side of the story.
Lay Witnesses
You can also act as a lay witness in your trial. A lay witness usually testifies about what they know about the divorce. A lay witness will bring forth information based on their observation of issues surrounding your divorce.
Expert Witnesses
An expert witness brings along knowledge in a particular field. They will provide the court with their expertise concerning specific points in your case. You, your spouse, or the court may appoint expert witnesses.
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Judgment
After your divorce goes to trial, a judge will decide how to guide your settlement. You will have to follow all the orders imposed by the judge, as failure could lead you to face contempt of court charges. Ask your attorney for clarification if you have any issues with the judgment.
How To Deal With Post-Judgment Issues
After you receive your duly signed judgment from the court, ensure you go through it and understand all the terms and conditions. You will also receive a notice of the entry of judgment, which is one sure way of knowing that your divorce is finally final.
Once you are sure that your divorce is final, you should do the following:
- Refinance your properties.
- Transfer your property deeds.
- Change your vehicle's titles.
- Sign up for your insurance policies.
- Cancel, separate, or close any joint bank account, or credit cards.
- Change your will.
- Name an executor of your estate.
Contact A Experienced San Diego Divorce Lawyer Near Me
When it comes to divorce proceedings, every case is unique. What works for another couple may work for you, and vice versa. You should be honest about your expectations to ensure a fair process outcome.
Please discuss with the divorce attorney your expectations before filing for divorce and follow their guidance. At San Diego Divorce Attorney, we value your peace of mind and will work hard to ensure you have a relatively drama-free divorce. If you have any questions, do not hesitate to contact us at 858-529-5150 and let our legal team spearhead your divorce proceedings.
