Steps for Getting a Divorce in California
- Divorce can be accomplished in six months and one day.man and woman divorced image by Ivonne Wierink from Fotolia.com
Nearly half of all marriages end in divorce. California is a no-fault state, meaning that in the event of a divorce, evidence regarding malfeasance by one of the parties is not necessary. In certain divorces where both parties have resolved to maintain an amicable resolution, divorce can be completed in six months and one day from the date the divorce petition is served. However, in more-acrimonious divorces, the process can take years and can result in considerable expense. - Find a qualified attorney to advise you.Justice image by MVit from Fotolia.com
Once you have decided you wish to separate from your spouse and are considering divorce, consult with a qualified attorney to determine whether divorce is the proper path for you as it relates to spousal support, property separation and child support. - File a petition for divorce.signing image by timur1970 from Fotolia.com
Once you have consulted with an attorney and determined that you wish to proceed with a divorce, you will file a petition with the court. Your spouse will be served and will have an opportunity to respond to the petition. - Even if your spouse ignores the petition, the divorce will move forward.sad girl image by starush from Fotolia.com
Your spouse can file a response with the court stating that he or she wishes to proceed with the divorce, or the spouse can opt to not file a response. In either case, your divorce will proceed and can potentially be completed by California law on the date that is six months and one day from the time your spouse was served. - Discovery is the phase where information is exchanged.pile of papershets with paper-clips #2 image by stassad from Fotolia.com
If your spouse does respond to your petition for divorce, the next phase is called discovery. This is when both parties exchange information regarding their assets, debts and property so the court can determine an equitable settlement. - Both lawyers and spouses meet at a mandatory settlement conference.lawyer isolated stamp image by Tjall from Fotolia.com
A mandatory settlement conference takes place before both parties go to trial, and after the discovery phase. Once both parties have established their assets and debts, the court requires them to try to settle as much of the case as they can at a mandatory settlement conference. Sometimes, the entire divorce can be settled at this point, and will therefore be finalized six months and one day after service of petition. Other cases require the court's involvement and will proceed to trial at this point. - Judgment is entered at trial.gavel image by Cora Reed from Fotolia.com
A judge will review all items from the discovery phase and from the mandatory settlement conference at trial. Both parties will have an opportunity to discuss their desired property settlement, and a judge will settle the case at that time. Final judgment will be entered and the divorce will be final at that point if it is after six months since the time of service of petition.