How a California divorce works
A divorce begins when one spouse files a petition with the court and has it served on the other spouse, who then has 30 days to file a response. From there, the case moves through three main stages.
- Financial disclosures. Both spouses must exchange sworn disclosures, including a schedule of assets and debts and an income and expense declaration. No judgment can be entered until this is done.
- Temporary orders. While the case is pending, either spouse can ask the court for orders on custody, child support, spousal support, use of the home, or attorney fees.
- Settlement or trial. Most cases end with a written marital settlement agreement that becomes the judgment. Issues the spouses cannot agree on are decided by a judge.
California is a no-fault state
The only ground most people need is irreconcilable differences, and the reasons for the breakup generally do not affect how property or support is decided. However, no-fault does not mean every case turns out the same. Preparation, attention to the financial details, and strategy still shape the result.
How long it takes
When spouses reach an agreement, the case itself can be completed in a few months, and a judgment can be entered soon after the paperwork is done. The change in status from married to single cannot take effect until at least six months after the other spouse is served or appears in the case. The case can be finished before then; the change in marital status simply takes effect when the six months have passed. Contested cases take longer, sometimes lasting years.
Who can file in Los Angeles County
To file for divorce in California, one spouse must have lived in the state for at least six months and in the county where the case is filed for at least three months. Spouses who do not yet meet those requirements can file for legal separation, which divides property and sets custody and support without ending the marriage, and later change the case to a divorce.
What you can do now
Start keeping your financial records. Pay stubs, bank statements, credit card statements, retirement statements and mortgage statements all become important as the case goes on. Scan them and keep copies somewhere only you can access. Having them organized saves time and money later.
Family Code §§ 2310, 2320, 2321, 2339, 2104, 2105