The California Divorce Process

Divorce is never easy—emotionally, financially, or legally. Whether you’re facing disputes over child custody, spousal support, or the division of assets, understanding the California divorce process from the outset is critical to protecting your rights and planning for the future.

While the process may seem overwhelming, gaining clarity on each step can reduce uncertainty and empower you to make informed decisions. From filing initial paperwork to reaching a final judgment, having a clear roadmap allows you to navigate your divorce more confidently.

At The Sands Law Group, APLC, our experienced California divorce attorneys in Los Angeles provide strategic guidance and personalized legal support at every phase. In this article, we explain the key stages of the California divorce process—so you know what to expect and how to move forward with purpose.

If you’re considering divorce in California, the first step involves more than just filling out paperwork—it begins with careful preparation. While emotions may be high, taking time to organize your personal and financial affairs early on can significantly reduce stress and avoid complications later in the process.

Whenever possible, it’s a good idea to speak with your spouse before initiating legal proceedings. Having an open conversation can help set expectations, reduce hostility, and give both parties time to prepare. At this early stage, it’s also wise to consult with an experienced California divorce attorney in Los Angeles to understand your legal rights, obligations, and potential outcomes—especially if your case involves children, shared property, or complex finances.

How to Prepare Before Filing for Divorce

Before submitting your divorce paperwork, consider taking the following steps to protect your interests:

• Make copies of important documents: This includes tax returns, bank statements, titles, deeds, and insurance policies.
• Secure personal documents and items: Safeguard your identification, medical records, passports, and other vital documents.
• Create a list of marital assets and debts: This will be needed for financial disclosures later in the process.
• Update passwords and security settings: Protect your personal accounts by changing login credentials for email, banking, and social media.
• Inventory household property: Photograph or document items such as furniture, electronics, and valuables.

Taking these actions before you file ensures you have a clear understanding of your financial position and helps your attorney prepare your case effectively.

Meeting Residency Requirements and Filing the Divorce Petition

Once you’ve gathered the necessary information and ensured you’re ready to proceed, you’ll need to verify that you meet California’s residency requirements. At least one spouse must have lived in:

• California for the past 6 months, and
• The county where you plan to file for the past 3 months

If you meet these criteria, you can begin the formal divorce process by filing your initial documents with the Los Angeles County Superior Court or the courthouse in your local jurisdiction.

The required forms to initiate a divorce include:

• Petition – Marriage (Form FL-100): Officially requests a divorce and outlines your proposed terms.
• Summons (Form FL-110): Notifies your spouse of the case and imposes automatic temporary restraining orders on finances and property.
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, Form FL-105): Required if you have children under 18 to establish jurisdiction for custody matters.

When filing, you’ll be required to pay a filing fee, typically around $435–$450, unless you qualify for a fee waiver due to financial hardship, disability, or public assistance.

After filing your divorce forms with the court, the next critical step in the California divorce process is legally serving your spouse. This means delivering copies of your filed documents so your spouse is officially notified that a divorce case has been initiated.

How to Properly Serve Divorce Papers in California

In California, you cannot serve the papers yourself. Instead, someone else—who is at least 18 and not involved in the case—must hand-deliver or legally serve the documents to your spouse. Acceptable servers include:

• A trusted friend or family member (not connected to the case)
• A licensed process server
• A sheriff’s deputy or other authorized law enforcement official

Proper service ensures your spouse is aware of the divorce proceedings and gives the court jurisdiction to move forward. If you have an amicable relationship with your spouse, it’s often helpful to let them know in advance that service is coming to avoid confusion or emotional escalation.

When Does the California Divorce Waiting Period Start?

The date your spouse is officially served starts the mandatory six-month waiting period under California law. This means that even in the most cooperative cases, your divorce cannot be finalized until six months and one day after the date of service.

What Proof Does the Court Require?

Once your spouse is served, the individual who performed the service must complete a Proof of Service of Summons (Form FL-115) and file it with the court. This form verifies that your spouse received all required documents and starts the legal timeline.

What Happens After Your Spouse Is Served?

Your spouse—referred to legally as the respondent—has 30 calendar days to file a response with the court. This involves:

• Completing and filing a Response (Form FL-120), and
• If children are involved, a Declaration under the UCCJEA (Form FL-105)

The response gives your spouse the opportunity to either agree with your proposed terms or contest issues like property division, custody, or support.

It’s important to know that California is a no-fault divorce state, and the process does not require your spouse’s approval to proceed. If they fail to respond within 30 days, you may be able to request a default judgment, allowing the case to move forward without their participation.

At The Sands Law Group, APLC, our Los Angeles divorce attorneys assist with arranging proper service, filing court-required documentation, and preparing for what comes next—whether your spouse cooperates or not.

During a divorce in California, either spouse can request temporary court orders to address key issues while the case is pending. These orders help create structure, reduce conflict, and protect the interests of both parties—especially when children are involved.

Temporary orders can be granted by a judge or established by mutual agreement (stipulation). Common issues addressed in temporary orders include:

• Child custody and visitation
• Child support
• Spousal support
• Exclusive use of the family home or property
• Payment of attorney’s fees

To request temporary orders, you must file a Request for Order (Form FL-300) with the court. This initiates a hearing where a judge will evaluate the needs of each party and issue appropriate directives.

In Los Angeles County and most California jurisdictions, it typically takes 8 to 10 weeks to get a hearing unless the matter qualifies as an emergency. That’s why it’s important to consult with a divorce lawyer early in the process to plan accordingly and protect your rights during the waiting period.

At The Sands Law Group, APLC, our experienced California divorce attorneys in Los Angeles help clients file for temporary orders efficiently and strategically to maintain stability during the divorce.

Under California law, both spouses are legally required to complete full financial disclosures during a divorce. This step ensures transparency and fairness when dividing assets, calculating support, and finalizing property settlements.

It’s important to begin preparing early, as gathering the necessary financial documents can take time. Your disclosure must list all assets, debts, income, and expenses, along with key details such as ownership status, acquisition date, and estimated value.

Completing this process typically involves four separate forms. Your attorney will guide you through each one to ensure accuracy and legal compliance. Inaccurate or incomplete disclosures can delay your divorce or result in unfavorable rulings.

Financial disclosures are used to:

• Equitably divide community and separate property
• Determine spousal support (alimony)
• Calculate child support, when applicable

You’ll need to gather supporting documents such as:

• Recent pay stubs
• State and federal tax returns
• Mortgage statements and real estate deeds
• Vehicle titles (pink slips)
• Bank and retirement account statements
• Credit card balances
• Life insurance policy details

In contested divorces—especially those involving disputes over finances, property, or custody—the discovery process allows both parties to formally request information and documents from one another. Discovery helps uncover the full financial picture and supports fair legal decisions in court.

Discovery is not always required in a California divorce. However, when transparency is lacking or trust has broken down, it becomes a powerful legal tool to ensure all relevant information is disclosed. It must be completed no later than 60 days before trial and often plays a major role in high-conflict or high-asset cases.

There are several types of discovery tools commonly used:

• Request for Production of Documents: Used to obtain items such as tax returns, bank statements, medical records, and pay stubs.
• Interrogatories: Written questions that must be answered truthfully and under penalty of perjury.
• Requests for Admissions: Statements that your spouse must admit or deny in writing, also under penalty of perjury.
• Depositions: Out-of-court, sworn testimony taken in front of a court reporter. Depositions can be used as evidence in trial or to shape settlement negotiations.
• Subpoenas: Formal legal orders used to obtain documents or compel testimony from your spouse—or even third parties like employers or financial institutions.

Because discovery can be time-consuming and costly, it’s essential to evaluate whether it’s necessary for your case. In many amicable or cooperative divorces, it may be avoided. But in cases involving hidden assets, income disputes, or contested parenting issues, discovery is often a critical step.

Most California divorces are resolved through settlement rather than trial. Even when spouses begin the process with disagreements, many cases are successfully resolved through negotiation, attorney collaboration, or mediation—avoiding the cost, time, and uncertainty of court.

A settlement gives both parties greater control over the outcome and is often less emotionally and financially draining than litigation. This approach is especially beneficial for couples who will need to co-parent and communicate after the divorce is finalized.

Before your divorce can be considered fully settled, the following key issues must be addressed:

• Child custody and visitation
• Child support
• Spousal support (alimony)
• Division of marital property
• Debt allocation
• Responsibility for attorney’s fees

Once all terms are agreed upon, your attorneys can draft a Marital Settlement Agreement that reflects the decisions made. Both parties sign the agreement, and it is filed with the court. The final divorce judgment—also known as a decree—will incorporate these terms.

Reaching a fair and legally sound settlement requires careful review of both legal and financial implications. At The Sands Law Group, APLC, our Los Angeles divorce lawyers are skilled negotiators who work to protect your interests while helping you avoid the stress of trial whenever possible.

While most divorces in California are resolved through settlement, a small percentage proceed to trial. A divorce trial becomes necessary when spouses cannot resolve key issues such as child custody, property division, or support—despite efforts at negotiation or mediation.

In California, judges typically schedule trials only after all settlement options have been exhausted. If your case proceeds to trial, the court will make final decisions on any contested issues based on the evidence and testimony presented.

Can Divorce Issues Be Decided Separately?

Yes. In some cases, the court may bifurcate or separate one issue from the rest of the divorce to allow partial resolution. For example, if spouses disagree on the date of separation, a judge may rule on that single issue so the parties can move forward with a broader settlement. This approach can reduce delays and avoid a full trial.

What Happens During a Divorce Trial in California?

Divorce trials in California are almost always bench trials, meaning they are heard and decided by a judge—not a jury. Both parties may present:

• Personal testimony
• Lay witnesses (such as friends, relatives, or caregivers)
• Expert witnesses (such as forensic accountants, child custody evaluators, or appraisers)

After reviewing all evidence and testimony, the judge will issue a ruling and sign a final judgment that legally ends the marriage. This is followed by a Notice of Entry of Judgment, which confirms that your divorce is complete.

If you are facing a divorce in Southern California, the Los Angeles family attorneys at The Sands Law Group APLC can help. Contact us directly online or call 213-788-4412 today for a free case evaluation.