Family lawyers serving California
Steps to Take During the Divorce Process
The divorce process can feel unpredictable. Cases in California follow a defined framework. Knowing what comes next removes much of the uncertainty from an emotionally challenging situation.
Divorce is one of the most significant legal events a person can go through. Understanding what to expect, and taking the right steps early, can make a profound difference in the outcome of your case. Here is a general overview of the divorce process in California and what you should do to protect yourself.
Step 1: Consult with a Family Law Attorney
Before filing any paperwork, speak with a qualified California family law attorney. An attorney can explain your rights regarding community property, child custody, spousal support, and more. Many people are surprised to learn that decisions made early in the process, such as moving out of the family home or making large financial transactions, can affect the outcome of their case significantly. A free case evaluation with Schank Family Law is a good first step.
Step 2: Gather Your Financial Documents
California is a community property state, meaning most assets and debts acquired during the marriage are owned equally by both spouses. To ensure a fair division, you will need documentation such as bank statements, tax returns, mortgage information, retirement account statements, and records of any business interests. The more organized you are from the start, the smoother the process will be.
Step 3: File the Petition for Dissolution of Marriage
One spouse (the petitioner) files a Petition for Dissolution of Marriage with the family court in the county where either spouse has lived for at least three months. The other spouse (the respondent) must be formally served with the divorce papers and has 30 days to respond.
Step 4: Address Temporary Orders
While the divorce is pending, either party may request temporary court orders covering child custody, child support, spousal support, or use of the family home. These temporary orders remain in place until the divorce is finalized and are critical for maintaining stability during the process.
Step 5: Attend Mediation if Required
California courts require mediation for child custody and visitation disputes before they go in front of a judge. Mediation gives both parties an opportunity to reach a mutually agreeable parenting plan without litigation. Schank Family Law has experienced mediation attorneys who can help facilitate productive, solutions-focused conversations.
Step 6: Negotiate a Settlement or Go to Trial
The majority of divorce cases in California are resolved through negotiated settlement agreements rather than trial. However, when spouses cannot agree on issues like property division, custody, or support, the matter goes before a judge. Having an experienced litigator on your side is invaluable at this stage.
Step 7: Finalize the Divorce Judgment
Once all issues are resolved, either by agreement or court ruling, the final judgment of dissolution is entered. California’s mandatory six-month waiting period must have passed before the divorce can become final. After the judgment is entered, you are legally single and the terms of your agreement or court order become binding and enforceable.