The first step is to go to the website for the Superior Court in your area. From this website, you will be able to look through the court records digitally. You are able to search by location, case type, name, and other values. If your spouse has filed for divorce, you should find it listed here.
California is a community property state. Many interpret community property division to mean there is an automatic 50/50 split, but that is not the case. Community property states view all marital assets as joint property regardless of title, but there are exceptions.
From a legal perspective, the term for representing oneself is “pro se.“ Pro se divorce is best suited for simple, straightforward cases. An amicably split short marriage with no children or property is the best fit.
Laws vary from state to state and county to county. You don’t have to file where you were married, but California has 6 month residency requirement, and only one spouse need be a resident. The county residency requirement is 3 months.
Discovery compels each side to reveal what evidence and information they have, such as producing documents, taking witness testimony, and giving depositions.
When you file first, you’ll have more time to find and organize. You define the temporary orders. You can save up for legal fees and other costs. However, if you aren’t prepared, you can make a bad impression in front of the judge. Don’t file first just to be first.
The established date of separation is the date on which one spouse expresses intent to dissolve the marriage, not the date one spouse moves out or files a petition. Once the date of separation is established, that’s the cut-off point. After that, any monies earned, property acquired, pension or retirement benefits accrued, belong to one spouse, not both.
California has a 6-month mandatory waiting period. The clock starts when the other party is served or files a response, whichever comes first. Common factors that lengthen the process include contention over asset division, custody disputes, and determination of support payments. A divorce may require a period of discovery or investigation.
Summary dissolution presents a solution in the case of short marriages with few complications where the spouses are on the same page.
Court proceedings are generally public records, which include divorce records. The courts seldom seal records on their own, but one or both parties can request that the records be sealed to protect the identity of children or victims of abuse, to safeguard personal information, and to shield proprietary information about businesses.
