The Divorce Process in California

Understanding the Road Ahead

Going through a divorce can be one of the most emotionally challenging and legally complex experiences in life. At The Law Office of Scott Bowen, we’re here to help you understand each step of the process and protect your rights every step of the way. Below is a general overview of how divorce works in California.

1. Filing the Petition

The divorce process begins when one spouse (the Petitioner) files a Petition for Dissolution of Marriage with the Superior Court in the county where either spouse lives. This document formally requests the court to end the marriage and outlines issues such as property division, child custody, and spousal support.

The other spouse (the Respondent) must be legally served with the petition and has 30 days to file a response.

2. Temporary Orders (If Needed)

While the case is pending, either spouse can request temporary court orders to address important issues such as:

• Child custody and visitation

• Child and spousal support

• Use of property or payment of debts

These orders help maintain stability until the final judgment.

3. Financial Disclosures

Both parties are required to exchange complete and accurate Preliminary Declarations of Disclosure. This includes information about income, expenses, assets, and debts. Transparency at this stage is crucial for reaching fair agreements regarding property and support.

4. Negotiation and Settlement

Most divorce cases are resolved outside of court through negotiation or mediation. Spouses may agree on:

• Division of community property and debts

• Custody and parenting plans

• Child and spousal support

• Any other marital issues

When agreements are reached, they are documented in a Marital Settlement Agreement and submitted to the court for approval.

5. Trial (If No Agreement Is Reached)

If spouses cannot resolve all issues, the case proceeds to trial. A judge will hear evidence and make final decisions. Trials can be time-consuming and costly, which is why we always prioritize resolution when it serves our client’s best interests.

6. Final Judgment and Waiting Period

California has a mandatory six-month waiting period from the date the respondent is served (or appears in the case) before the divorce can be finalized. Once all paperwork is complete and approved, the court will issue a Judgment of Dissolution, legally ending the marriage.

Key Considerations in California Divorce:

• No-Fault State: California does not require proof of wrongdoing. Irreconcilable differences are sufficient grounds.

• Community Property Laws: Generally, assets and debts acquired during the marriage are divided equally.

• Custody Decisions: Based on the child’s best interests, including safety, stability, and the child’s relationship with each parent.

We’re Here to Guide You

Whether your divorce is straightforward or involves complex issues such as high-net-worth property, contested custody, or business ownership, our firm is committed to providing strategic, compassionate representation.

Schedule a consultation today to learn how we can support you through every step of the divorce process.