Divorce Process & Timeline FAQ

The first step in filing for divorce in California is to prepare and file a Petition for Dissolution of Marriage (form FL-100) with the superior court in the county where you or your spouse meets the residency requirement. Before filing, you must ensure you meet California's residency requirements under Family Code Section 2320: either you or your spouse must have lived in California for at least six months and in the county where you're filing for at least three months.

Along with the petition, you must also file a Summons (form FL-110) and pay the filing fee (currently several hundred dollars, though fee waivers are available for those who qualify based on income). After filing, the court will stamp your documents with the filing date and case number and return copies to you.

You must then arrange to have your spouse properly served with the divorce papers within a certain timeframe, and file a proof of service with the court showing that service was completed. The person who files the petition is called the petitioner, and the other spouse is called the respondent. Filing the petition also triggers automatic temporary restraining orders that apply to both parties regarding property and insurance.

California law requires that divorce papers be properly served on the respondent to give them notice of the proceedings and an opportunity to respond. Under California Code of Civil Procedure Section 413.10 and Family Code Section 2330, the petitioner cannot serve the papers themselves - service must be completed by someone over 18 who is not a party to the case.

The most common method is personal service, where a process server, sheriff, or any adult not involved in the case personally delivers the papers to your spouse. The server must hand the documents directly to your spouse and then complete a Proof of Service form (FL-115) under penalty of perjury describing when, where, and how service was accomplished.

Alternative methods include service by mail with acknowledgment of receipt (where the respondent signs acknowledging receipt), substituted service (leaving papers with another competent adult at the respondent's home or workplace and then mailing another copy), or service by publication (publishing notice in a newspaper) if the spouse cannot be located after diligent efforts and you obtain court permission. The proof of service must be filed with the court to show the respondent was properly notified. The date of service starts the six-month waiting period and triggers the respondent's 30-day deadline to respond.

Discovery is the formal process by which each spouse gathers information and evidence about assets, debts, income, and other relevant matters from the other spouse. Under California Family Code Sections 2100-2113, both spouses have an affirmative duty to fully disclose all assets and debts, and the discovery process helps ensure complete financial transparency necessary for fair property division and support determinations.

Mandatory disclosure requirements under Family Code Section 2104 require each party to serve a preliminary declaration of disclosure within 60 days of filing or responding, and a final declaration of disclosure before trial or settlement (though final disclosures can be waived by written stipulation except in summary dissolution cases). These disclosures include a complete Schedule of Assets and Debts and an Income and Expense Declaration.

Additional discovery tools available include: interrogatories (written questions that must be answered under oath within 30 days), requests for production of documents (demanding financial records, tax returns, bank statements, business records, etc.), requests for admission (asking the other party to admit or deny specific facts), depositions (oral testimony under oath recorded by a court reporter), and subpoenas to third parties like banks, employers, or accountants. The discovery process can be time-consuming and expensive but is essential for uncovering hidden assets, valuing complex property, and establishing accurate income for support calculations.

A settlement conference is a meeting facilitated by a judge, attorney, or mediator to help divorcing spouses reach agreements on contested issues without going to trial. Many California courts require mandatory settlement conferences before scheduling a trial, and these conferences are governed by California Rules of Court and local court rules.

During the conference, each party (usually with their attorney) meets with a settlement judge or mediator who is not the judge who will hear the trial if the case doesn't settle. The settlement officer discusses the strengths and weaknesses of each party's position, evaluates the likely outcomes at trial based on the evidence and applicable law, and works to facilitate compromise and agreement on disputed issues.

The process is typically confidential under Evidence Code Section 1119, and statements made during settlement conferences cannot be used at trial. The settlement officer may meet with both parties together or separately (called caucusing) to discuss settlement proposals and reality-test each party's expectations. If the parties reach full or partial agreement, it is put in writing in a settlement agreement or stipulation and can be incorporated into a stipulated judgment. Settlement conferences are valuable because they often result in agreed resolutions, which are faster, less expensive, give parties more control over outcomes, and are generally more satisfying than having a judge decide after trial.

Mediation requirements in California divorce cases depend on whether there are child custody and visitation issues. Under California Family Code Section 3170, if there are contested child custody or visitation issues, the parties must attend mediation before the court will hear the custody dispute. This mandatory mediation is provided by the court's family court services department at no cost to the parties and cannot be waived except in cases involving domestic violence where mediation may be inappropriate.

The mediator, who is typically a trained counselor or mental health professional, helps parents develop a parenting plan and resolve custody disputes in the children's best interests. If mediation is unsuccessful, the mediator may make a recommendation to the court in some counties (called "recommending mediation") or simply report that no agreement was reached in other counties (called "non-recommending mediation"). California counties vary in their approach based on local rules.

For other divorce issues like property division and spousal support, mediation is not mandatory but is strongly encouraged by courts and is often very effective. Many couples choose private mediation with a trained mediator or attorney-mediator to resolve all divorce issues. Mediation is generally less adversarial, less expensive, and faster than litigation, and allows parties to craft creative solutions that a court might not order. Successful mediation can result in a comprehensive settlement agreement that resolves all issues and becomes the basis for a stipulated judgment.

A divorce trial occurs when spouses cannot reach agreement on one or more issues and need a judge to decide for them. California Family Code Section 2336 governs trial procedures in dissolution cases. Trials can be relatively brief (a few hours) for limited issues or can last multiple days or even weeks for complex cases involving significant assets, business valuations, complex property characterization issues, or contentious custody disputes.

Each party presents their case through witness testimony (including their own testimony under oath), documentary evidence (financial records, appraisals, expert reports, photographs, correspondence), and legal argument by their attorney. The petitioner presents their case first, calling witnesses and introducing exhibits, followed by the respondent who presents their case. Each party has the right to cross-examine the other's witnesses. The California Evidence Code applies, and only properly admitted evidence can be considered by the judge.

Expert witnesses may testify regarding business valuation, real estate appraisal, vocational evaluation, forensic accounting, child custody evaluation, or other specialized matters. After hearing all evidence and argument, the judge makes findings of fact and conclusions of law, then issues a written judgment resolving all remaining disputed issues. The judgment addresses property division, support obligations, custody and visitation if applicable, attorney's fees, and any other contested matters. Either party can appeal the judgment if they believe the judge made legal errors, though appeals are expensive and time-consuming.

Temporary orders are court orders that address important issues during the divorce process before the final judgment is entered. Under California Family Code Section 2045, the court has broad authority to make temporary orders regarding child custody and visitation, child support, spousal support, exclusive use of the family home and vehicles, payment of debts and household expenses, restraining orders for protection, attorney's fees and costs, and other relief necessary to maintain the status quo or provide for the parties and children during the pendency of the divorce.

To obtain temporary orders, a party must file a Request for Order (form FL-300) along with supporting declarations explaining what orders are requested and why, relevant financial documents such as Income and Expense Declarations, and serve the request on the other party with at least 16 court days' notice before the hearing. The court will schedule a hearing, typically within 3-6 weeks depending on the court's calendar and the urgency of the request.

At the hearing, the judge considers the moving papers, any opposition filed by the other party, and may hear brief testimony or argument from the parties and their attorneys. The judge then makes orders that remain in effect until modified by the court or until the final judgment is entered. Temporary orders are crucial for establishing stability, ensuring financial support, and protecting children during what can be a lengthy divorce process. Common reasons for seeking temporary orders include immediate need for financial support to pay bills, concerns about child custody or safety, or preventing dissipation or hiding of community assets.

California Family Code Section 2040 imposes automatic temporary restraining orders (ATROs) that take effect immediately when a divorce petition is filed. These standard restraining orders apply to both the petitioner and respondent equally and are designed to maintain the status quo and prevent either spouse from hiding, transferring, or dissipating assets or changing insurance coverage during the divorce proceedings.

The ATROs prohibit both parties from: transferring, encumbering, hypothecating, concealing, or disposing of any community, quasi-community, or separate property without written consent of the other party or court order (except in the usual course of business or for necessities of life); cashing, borrowing against, canceling, transferring, disposing of, or changing beneficiaries of any insurance policies including life, health, automobile, and disability coverage; creating nonprobate transfers or modifying nonprobate transfer instruments; and modifying or terminating beneficiary designations on retirement plans or other beneficiary assets.

The ATROs also prevent either party from taking minor children of the parties out of California without prior written consent of the other party or court order. These orders are automatically served with the summons when the respondent is served with the divorce petition, and they remain in effect until the divorce is final, the petition is dismissed, or until modified or terminated by court order. Violation of ATROs can result in serious sanctions including contempt of court, monetary penalties, and attorney's fee awards. The respondent is bound by these orders upon service, while the petitioner is bound upon filing.

Yes, California family law allows the court to order one spouse to pay some or all of the other spouse's attorney's fees and costs to ensure both parties have access to legal representation. Under California Family Code Section 2030, the court shall ensure that each party has access to legal representation to preserve each party's rights by ordering payment of attorney's fees and costs based on the income and needs assessments where there is a disparity in access to funds to retain counsel.

This is particularly important when one spouse controls the finances or has significantly greater income or assets, creating an unfair advantage in the litigation. The court considers each party's income, assets, and ability to pay their own fees versus the other party's need for assistance in obtaining adequate legal representation. Relevant factors include the relative circumstances of the parties, the nature and complexity of the case, whether the litigation is or was necessary, whether attorney's fees were incurred to increase or decrease support, and each party's ability to pay.

Fee awards can be made as temporary orders during the case to help pay for ongoing representation or in the final judgment. The court can also award fees based on conduct under Family Code Section 271, including bad faith actions, frivolous legal positions, tactics that increased litigation costs unnecessarily, or violations of disclosure duties. A party requesting fee awards must file a Request for Order with supporting documentation of fees incurred and financial circumstances. The court has broad discretion in awarding fees and can order one party to pay all, some, or none of the other party's fees.

To finalize a divorce in California, you must complete several key steps and wait out the mandatory six-month waiting period. If the divorce is uncontested and you have reached a full settlement, you'll need to prepare a comprehensive Marital Settlement Agreement detailing all agreements regarding property division, debts, spousal support, child custody and support if applicable, and all other marital issues. Then prepare the Judgment documents (form FL-180) and supporting forms including the Notice of Entry of Judgment (FL-190) based on your agreement.

Both parties must complete and exchange final declarations of disclosure (unless properly waived in writing), and submit current Income and Expense Declarations with the judgment. The judgment must be signed by both parties or submitted after the respondent's default if they failed to respond. Submit all documents to the court for review, and the court will either approve and sign the judgment or return it with corrections needed.

For contested cases that went to trial, the court will issue a judgment after trial resolving all disputed issues based on the evidence presented. Regardless of whether the case is contested or uncontested, the divorce cannot be finalized until at least six months and one day have passed since the respondent was served with the divorce petition, per Family Code Section 2339. This waiting period cannot be shortened regardless of circumstances. Once the judge signs the judgment and the waiting period has passed, the divorce becomes final and effective on the date stated in the judgment. The court will file-stamp the judgment, and you should obtain certified copies for your records to prove the divorce is final.