Divorce In California
So you want a divorce. Or maybe you've just been served. Now that you’re here, you probably want to know: What do I do now?
Divorce can be simple or a significant undertaking with a lengthy to-do list, but understanding the fundamentals goes a long way, including saving money down the road.
What Are the Different Types of Divorce Proceedings?
Although the term "divorce" is often used broadly, there are actually several types of divorce in California.
It’s important to understand the different types and what they entail. Some are similar and can apply to various situations, while others have specific criteria and are relevant only in some instances. Being informed about these differences can help make the process smoother and allow you to transition to your new life more quickly and easily.
UNContested Divorce
As the name suggests, an uncontested divorce occurs when both parties agree on all aspects, including the division of property, child custody, child support, visitation, spousal support, finances, and more.Contested Divorce
A contested divorce is generally more adversarial compared to other types of divorce. The degree of conflict and disagreement between spouses largely determines just how contentious the process will be.
This form of divorce tends to be the most complicated and contentious, often what people envision when they think of divorce. When spouses are unable to agree on important issues, it may require mediation, arbitration, or even a full trial.
Summary Dissolution
California allows for summary dissolution. This is an uncontested no-fault divorce that applies to short, uncomplicated marriages. It’s often a quick and easy answer to divorce woes, but you do have to meet a number of conditions.
- The marriage must be shorter than five years.
- You don’t have children.
- A couple can’t own joint property—no lands, buildings, or real estate.
- Both must agree that neither will receive spousal support.
- There’s no more than $6000 in shared debt.
- Neither spouse has more than $40,000 in separate property.
- There is less than $40,000 worth of joint assets acquired during the marriage.
These last two exclude cars. If you check off all these boxes, summary dissolution may be a suitable option for your case.
In-Depth: Is Summary Dissolution Right For You?
Mediated Divorce
One common strategy for divorce is mediation. In these cases, spouses work with a third-party facilitator to resolve their differences outside of court. The mediator helps the spouses negotiate conflicts and disagreements.
Mediation often addresses child custody issues, assists with property division, establishes parenting plans, and determines maintenance support. This process is non-binding and voluntary, meaning that both parties must agree to the terms reached during mediation.
Related Reading: Mediation vs. Arbitration
Legal Separation
In California, legal separation provides an alternative to divorce. Unlike divorce, which is final and absolute, legal separation is not definitive. In practice, it often functions as a de facto divorce, while the marriage itself remains technically intact.
While the couple cannot continue living together, they stay married.
Legal separation is suitable when a marriage is essentially over, but divorce may not be the best option. This can occur for various reasons, such as religious beliefs, as a step toward eventual divorce, an opportunity to work on reconciliation, or even to maintain health care benefits in some cases.
In-Depth: Why Legal Separation Over Divorce?
No-Fault Divorce
This essentially means that, as long as one spouse wants a divorce, the courts will grant it. Before the 1970s, one spouse had to prove grounds against the other. Now there’s no reason to assign blame.
What Is No Fault Divorce?
You don’t have to prove that either party is at fault or provide any grounds. All the court requires is for one spouse to declare that the marriage is irretrievably broken and that there’s no hope of reconciliation.
No-fault divorce has the advantage of streamlining the process of ending a marriage by allowing courts to make decisions.
However, a major criticism is that those at fault, such as cheating spouses or domestic abusers, can file for divorce without facing consequences. As a result, judges may not consider the reasons for the breakup when determining spousal support and property division.
Related Reading: What's In a Divorce Decree?
How Much Does A Divorce Cost?
According to data, the average cost of a divorce in California is around $17,500.
With kids, that average jumps significantly to $26,300. Kids complicate matters in divorce. When deciding on custody, visitation, child support, and other related issues, the process takes longer.
In-Depth: A Cost Breakdown of Fees and Common Experts Needed in Divorce
How Long Does Divorce Take?
At the very minimum, divorce in California takes 6 months. The state requires a six-month waiting period for all parties seeking to dissolve their marriage, whether the dissolution is straightforward and uncontested or complicated and hostile.
This means that six months will pass between the date you serve the other party and when your divorce becomes final.
When there is significant property, assets, and debt, or there are points of contention, it often takes longer than six months.
Some cases require time-consuming investigatory procedures or the hiring of experts for forensic accounting, asset valuation, parenting evaluations, data recovery, and more.
What Are The Steps To Divorce?
Step One
Fill out and file the divorce forms. The first person to file divorce papers with the court is called the petitioner. Submit the proper forms to the appropriate county court—the one where you live, not the one where you were married.Step Two
Serve your spouse.
You can’t personally serve the divorce papers.
An outside individual over the age of 18 must deliver the summons and petition. This can be anyone, but using a registered process server is best.
Step Three
Response. After you serve your spouse—or are served yourself—the respondent has 30 days to file a response. This response is a formal answer to the petition for divorce and indicates that the other party intends to participate in the divorce process.Step Four
Discovery. During this stage, both sides complete a disclosure declaration and exchange relevant information. After a 30-day waiting period, the petitioner must fill out several financial forms.
Once these forms are completed, the petitioner must also serve them on their spouse. Formal discovery follows the declaration of disclosure.
Step Five
Temporary orders. During a marriage, lives become closely intertwined. When a divorce occurs, the goal is to separate those lives, but this process takes time. In the meantime, several questions often arise:
- Who will have custody of the children while the parents navigate the divorce?
- If one spouse is financially supporting the other, what should be done?
- Where will each spouse live?
- Who is responsible for paying which expenses?
This stage of the divorce involves requesting temporary orders for child custody, child support, spousal support, and more.
Step Six
Settlement/Negotiation. If you and your spouse agree, the divorce process can be relatively smooth, especially in shorter marriages, those without children, and cases where there are few shared assets to divide.
However, this is often where complications arise.
There are three ways to finalize a divorce and obtain a judgment: settlement, default, or trial. The path you choose depends on whether your spouse responds and whether you can reach an agreement on your own.
Step Seven
Sign the final documents. Signing and filing the final divorce documents is exactly what it sounds like. It’s one of the last steps in the process.
After the court approves the documents and you have been at least 6 months past the original date of service, your marriage is dissolved.
Congratulations, you are officially divorced!
In-Depth: Breaking Down The Steps To Divorce In California - Including Links To Forms
Can You Represent Yourself?
Yes, you can. The technical name for a person who represents themselves in divorce or other legal matters is “pro se.” Like many legal terms, this one comes from a Latin phrase that means “for oneself.”
This might be a shocking revelation coming from a bunch of divorce attorneys, but sometimes you don't need us.
There are situations where a pro se divorce may be the perfect fit. In simple cases with no children and little or no shared property or debt to divide, the process can go relatively smoothly.
Essentially, the simpler the divorce, the fewer complications you encounter, the easier it is to pursue this path.
In-Depth: A Look At Pro Se Divorce
Can Adultery Affect Your Case?
Even if adultery is the reason your marriage ends, in many divorces it winds up playing a smaller-than-expected part.
There are, however, situations where adultery does impact divorce proceedings.
The scope and scale vary depending on the situation, but it can ultimately have a role in certain areas.
Spousal Support. The court may award alimony payments if you show that infidelity led to financial hardship. For example, over the course of an affair, or multiple affairs, perhaps your spouse accumulated significant debts or drained joint accounts paying for gifts, dinners, and hotel rooms.
Child Custody. If infidelity directly led to poor parenting choices, the court can consider this. Did your ex miss important events, such as birthdays, school plays, or baseball games, while having an affair?
Instead of picking the kids up at school, was your spouse in the middle of an illicit tryst?
Division Of Property. Similar to spousal support, if there’s a situation where an affair directly contributed to an undue financial burden, infidelity may rear its ugly head. If your spouse emptied accounts, buying lavish gifts or charged expensive hotels to a credit card, all in the course of an affair, the courts may account for that. If you have statements, bills, and other documents, you can present them as part of your argument.
What To Do Before Starting A Divorce
Be certain. While this may seem obvious, think carefully about the pros and cons, seek advice, and ask questions to avoid snap judgments.
Educate yourself. If you're reading this, you already understand this step.
If you have kids, make a plan. Your kids still need the same level of attention as before, if not more. It’s a good idea to sit down and review your work schedule, your children’s schedule, and your other obligations, and create a plan for custody.
Start Saving. Even in simple cases, like an uncontested divorce, there are court fees, there are costs of going to court, creating, filing, and responding to motions, and temporary orders, like child and spousal support. There's also the aspect of setting up a new residence. Will you need new furniture? Appliances? Bedding? Fill empty kitchen cupboards?
Gather Financial Records:
- Proof of income.
- All known accounts with your name: Insurance policies. 401ks. Pensions.
- Tax records going back at least a few years.
- Catalog of debts: Mortgages. Car payments. Student loans. Credit cards.
- Any significant assets, such as: Homes. Automobiles. Boats. Real estate. Furniture. Other property. Jewelry.
Common Divorce Forms
FL-110 - This form is the Summons.
FL-115 - The Proof of Service of Summons lets you tell the court that you have notified your spouse.
FL-120 - This forms the basis for the response.
Form FL-140 - Declaration of Disclosure
Form FL-150 - Income and Expense Declaration
Form FL-142 - Schedule of Assets and Debts
Additional Information
