Divorce (also called “dissolution of marriage”) is a difficult process. There are various complex factors to consider, including: child custody, visitation, child support, spousal support and the division of marital assets and debts.

NO FAULT DIVORCE

California is a “no-fault” divorce state, which means neither spouse needs to prove the other spouse is the reason for the divorce. From the court’s view, there is no “guilty” or “non-guilty” person. Rather, you or your spouse may simply state there are “irreconcilable differences” or there has been an “irreparable breakdown of the marriage” when filing for divorce.

RESIDENCY REQUIREMENTS

In order to obtain a divorce in California, you must meet the residency requirements. Either you or your spouse must have lived in:

1)   California for the last 6 months, and

2)   The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months—but in different counties for at least 3 months—you or your spouse can file in either county.

(If you do not meet California’s residency requirement, you can still file for a legal separation. Once sufficient time has passed to meet the residency requirement, you may file an “amended petition” and request a divorce.)

PETITION

Once you or your spouse determines which county to file in, a divorce case can begin. A divorce case is initiated when one spouse files the Petition and related documents, which consist of the following:

  • Summons—Family Law (Form FL-110).
  • Petition—Marriage/Domestic Partnership (Form FL-100).
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120) (to be completed only if there are minor children in the marriage).
  • Family Law Notice re Related Case (Form L-1120) (to be completed only if your case is filed in the County of Orange).

The spouse who initially files the Petition is known as the “Petitioner,” and the spouse who responds is known as the “Respondent.” Once a spouse has filed the Petition and related documents, a filed copy must be served on the other spouse (Respondent) by a neutral third party over 18 years of age.

Upon the initial filing, the divorce case has commenced.

RESPONSE

Within 30 days of being served with the Petition and related documents, the Respondent (the spouse who was served) must file and serve his or her Response and related documents, which consist of the following:

  • Response—Marriage/Domestic Partnership (Form FL-120).
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120) (to be completed only if there are minor children in the marriage).
  • Family Law Notice re Related Case (Form L-1120) (to be completed only if your case is filed in the County of Orange).
  • Proof of Service (Form FL-330 if personal service, or Form FL-335 if service by mail).

FREE CONSULTATION

If you are considering filing for divorce or need to respond to a divorce petition, you do not have to go through this difficult process alone. Because there are multiple forms and pleadings to complete, the process can become overwhelming and complicated, especially if you want to request child custody orders, support orders and orders dividing your property.

We can explain your legal rights and carefully guide you through this process to ensure your rights are protected. Contact us today for a free, confidential phone consultation.