Filing for divorce can feel overwhelming, especially when navigating legal requirements, paperwork, and the emotional toll of ending a marriage. California’s no-fault divorce system simplifies the grounds for divorce but still involves a structured legal process. Understanding the steps to file for divorce and the options available will help you feel more prepared and empowered. The experienced divorce attorneys at Cherish Om Law provide compassionate guidance and expert representation to help you through this challenging time.
Let’s take a look at the divorce process in California, including filing requirements, types of divorce, and how to ensure your rights are protected every step of the way.
Grounds for Divorce in California
California is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to file for divorce. Under California Family Code § 2310, there are only two recognized grounds for divorce:
- Irreconcilable Differences: When a couple cannot resolve issues that prevent the continuation of the marriage.
- Permanent Legal Incapacity to Make Decisions: When one spouse cannot make decisions due to mental illness or a psychological condition.
Most divorces are filed under “irreconcilable differences” because this does not require proof of fault or blame.
Steps to File for Divorce in California
1. Meet the Residency Requirements
Before filing, you must meet California’s residency requirements:
- At least one spouse must have lived in California for six months prior to filing.
- You must file in the county where you or your spouse have lived for at least three months.
2. File the Initial Divorce Forms
To start the divorce process, the Petitioner (the spouse initiating the divorce) must file the following forms:
- Petition for Dissolution of Marriage (Form FL-100): Provides basic information about your marriage and what you’re requesting (e.g., child custody, spousal support, property division).
- Summons (Form FL-110): Notifies the other spouse (the Respondent) that the divorce process has begun and outlines their rights.
Additional forms may be required if you have children or specific requests, such as spousal support.
3. Serve the Divorce Papers
The Summons and Petition must be formally delivered to the other spouse (the Respondent). This step, known as service of process, ensures that the Respondent is aware of the proceedings.
- Papers can be served by a process server, law enforcement, or any adult who is not part of the case.
- The Respondent has 30 days to file a response.
4. Respondent’s Options
The Respondent has three options:
- File a Response: The Respondent files their own legal forms to address the terms outlined in the Petition.
- Default: If no response is filed within 30 days, the Petitioner can request a default judgment, allowing the court to finalize the divorce based on the Petitioner’s terms.
- Negotiate a Settlement: Both parties can begin negotiating the terms of the divorce to avoid prolonged litigation.
5. Negotiate a Settlement
If both parties can agree on key issues—such as child custody, support, spousal support, and property division—they can prepare a Marital Settlement Agreement.
- Couples may use mediation or collaborative divorce methods to reach an agreement outside of court.
6. Submit Forms to the Court
Once all terms have been agreed upon, the necessary forms are filed with the court for approval.
7. Finalize the Divorce
California law requires a mandatory six-month waiting period after serving the divorce papers. Your divorce is finalized on:
- The date the court approves the forms, or
- Six months and one day after the Respondent was served, whichever comes later.
If spouses cannot agree on the terms of the divorce, the case will proceed to trial, where a judge will make the final decisions.
Types of Divorce in California
- Uncontested Divorce:
Both spouses agree on all terms of the divorce, including property division, child custody, and support. Uncontested divorces are typically faster and less expensive. - Contested Divorce:
When spouses cannot agree on divorce terms, the court will resolve disputes during litigation. - Simplified Divorce (Summary Dissolution):
A streamlined process for couples who meet specific criteria, including:- Being married for less than five years.
- Having no children.
- Having limited debts and assets.
What If Divorce Isn’t the Right Option?
In California, couples have alternatives to divorce:
- Legal Separation: Allows couples to remain legally married but live separately with court orders for support, custody, and property division.
- Annulment: Declares the marriage legally invalid, as though it never happened.
Each option has its own benefits and legal implications. Consulting with an experienced family law attorney can help you determine the best path forward.
Why Work With Cherish Om Law?
The expert family law attorneys at Cherish Om Law understand that filing for divorce is not just a legal process but an emotional journey. With personalized representation and a commitment to finding equitable solutions, we guide clients through every stage of the divorce process. From filing the initial paperwork to negotiating settlements and advocating in court, we are here to protect your rights and help you move forward.
Contact Cherish Om Law Today
If you’re considering divorce, don’t navigate the process alone. Contact Cherish Om Law at (831) 291-5315 to schedule a consultation. Our compassionate and knowledgeable team is ready to provide the guidance you need to take the next step toward a brighter future.
