If you are considering divorce, or have already made the decision to seek a divorce in California, you likely have a number of questions and concerns about the actual legal steps necessary to end your marriage.

1. THE CALIFORNIA
DIVORCE PROCESS
If You Are Considering Divorce, or Have Already Made
the Decision to Seek a Divorce in California You Likely
Have a Number of Questions and Concerns about the
Actual Legal Steps Necessary to End Your Marriage

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No one who enters into a marriage or registered domestic partnership plans for
the marriage/partnership to end in divorce; however, sometimes ending a
marriage/partnership is the best option. If you are considering divorce, or have
already made the decision to seek a divorce in California you likely have a
number of question and concerns about the actual legal steps necessary to end
your marriage. Just as no two marriages/partnerships are exactly the same; no
two divorce processes follow the exact same steps or encounter the exact same
issues along the way. Moreover, only an experienced California family law
attorney can evaluate your unique situation and provide you with specific advice
and guidance; however, there are some common steps in a California divorce as
well as some common issues that parties to a divorce may face during the
process. Therefore, a basic overview of the California divorce process may help
get you started on your divorce.

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NOTE: For practical purposes the terms “marriage” and “spouse” will be used
throughout this paper; however, the information contained herein applies to
registered domestic partnerships in California as well.
RESIDENCY REQUIREMENT
In order to file for divorce in California one of the parties to the divorce must
have been a resident of the State of California for at least six months prior to the
filing of the Petition for Divorce and a resident of the county where the Petition is
filed for three months prior to filing.
GROUNDS FOR DIVORCE
California is a “no-fault” divorce state. This means that you are not required to
prove that your spouse did anything
wrong to be granted a divorce. The
Petition will simply claim that the
parties have “irreconcilable
differences” and, therefore, wish to
end the marriage.
FILING THE PETITION
To begin the divorce process one spouse must file a Petition for Divorce along
with a Summons. If there are minor children of the marriage a Declaration Under
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), form must
also be filed. The Petition sets forth some basic information about the parties

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and the marriage as well as tells the court what the Petitioner (the person
initiating the divorce) is asking the court
to do. Along with granting the divorce
you might also be asking the court to
give you custody of the children or
possession of the marital residence, for
example. The Summons is a legal
document that officially notifies your
spouse that the divorce has been
initiated. It also informs your spouse that he/she must file a formal Answer with
the court or risk losing certain rights in the divorce. The UCCJEA is a form that is
required to provide the court with information concerning the minor children in
the divorce.
Once the preliminary documents have been filed with the court they must be
served on the Respondent (your spouse). Someone other than the Petitioner
who is over the age of 18 must serve the Respondent and file proof of service
with the court.
ANSWERING THE PETITION
After the respondent is served he/she has 30 days within which to file a formal
written Answer with the court. If the Respondent fails to file an Answer with
the court within the allotted time frame, and the two of you have not reached an
out of court agreement regarding all the issues in your divorce, you can ask the
court to grant you a default judgment. In essence, this allows you to get most of
what you asked for in the Petition unless the court sees a reason to deny you

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what you asked for in the Petition. If the Respondent does file an Answer with
the court the divorce will move on to the discovery stage.
DISCOVERY STAGE
Once both parties have filed their initial pleadings with the court the case will
move to what is referred to as the “discovery stage”. During the discovery stage
both sides will seek information relevant to the divorce from the opposing party.
Requests for Interrogatories, Requests for Production of Documents, and
Depositions might be filed or
scheduled. In essence, this is a
fact finding mission where your
attorney will try and find out as
much information about your
spouse as possible. For example,
your attorney might request
financial records, retirement
account statements, and tax
returns from your spouse and vice versa. Depositions might be taken as well. A
deposition is an opportunity to ask the opposing party questions pertaining to
issues in the divorce, under oath, but outside of the court room.
If custody of minor children is a contested issue in the divorce the court may also
appoint a guardian ad litem to determine what is in the best interest of the
children. Homes studies might also be ordered along with psychological
evaluations and/or drug testing. The court must decide what is in the best
interest of the children and will use any means available to accomplish that goal.

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REACHING AN OUT OF COURT SETTLEMENT
Reaching an out of court settlement is
the best possible outcome for everyone
involved. Not only does it save time and
money but it also avoids the emotional
trauma that a contentious court battle
inevitably causes. If the parties do not
appear to be able to reach a settlement
by themselves the court will likely order
mediation. Mediation usually takes place at the mediator’s office, not the
courthouse. The mediator is often an attorney who has taken additional classes
to become certified as a mediator. The mediator is a neutral party who works
with both sides to try and reach a resolution.
If you are able to reach an out of court settlement your attorney will reduce the
agreement to writing in the form of a “stipulated judgment” and file the
agreement with the court along with all other necessary paperwork needed to
finalize the divorce. Note that California has a six month waiting period, or
“cooling off” period. This means that even if you and your spouse agree to all
the terms of the divorce from the beginning the divorce cannot be finalized for at
least six months after the Petition is filed. Of course, it can take much longer
than six months but in no case can it be finalized in less than six months.
LETTING THE COURT DECIDE – GOING TO TRIAL
If you and your spouse cannot reach an agreement that resolves all of the issues
in the divorce you will need to set the matter for trial. At trial, both sides will

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present witnesses and introduce evidence in support of their position. Ultimately,
the judge or jury will decide the issues. Taking your divorce to trial can take
months, even years and does come with a certain amount of risk because there
is no way to know with any degree of certainty what a judge or jury will decide.
Once the judge or jury has decided the contested issues the court will reduce the
decisions to writing in the form of a final judgment and the divorce will be final.
As you can see, the single biggest factor in determining how long and hoe
complicated a divorce will be is the degree to which the parties are able to agree
or not agree on the issues. The more adversarial and contentious the divorce the
longer it will take to complete. If you are planning to divorce, consult with an
experienced California family law attorney as soon as possible to ensure that
your rights and interests are protected throughout the process.
California Courts, Overview of the Court Process
California Courts, Divorce or Separation
California Court, Legal Steps for a Divorce or Legal Separation

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About Diamond Law Firm
Experts in Legal and Financial Considerations Related to Divorce and Family Law
Joseph Diamond has worked in Family Law since 1995 and he is also an Experienced Certified
Public Accountant. This is a special expertise that will protect you and your assets.
John Diamond is an attorney that has focused his practice in family law since 1995. He has
served as a Pro Tem Judge in family law cases in both Los Angeles and Ventura County.
Therese Diamond was awarded a Certificate as a paralegal from the University Of LaVerne
School Of Law in 1994 and has worked with the Diamond Law Firm as a Certified Paralegal in
their Family Law Practice since 1995.
Are you ready to file for divorce in Los Angeles County? Is there going to be a dispute with
your spouse about child custody, child support payments, division of assets, spousal support
(alimony), or valuation of property?
Should you have a prenuptial or postnuptial agreement?
Do you want to challenge or defend a prenuptial or postnuptial agreement?
At Diamond Law Firm our Northridge, Granada Hills Encino and West Hills divorce and family
lawyers are dedicated to protecting and work hard to protect our clients’ rights. When facing a
contentious family court matter, demand an experienced and successful law firm, Diamond
Law Firm. We are an experienced law firm and when we are on your side you can count on
having a firm that will always put your interests first. Diamond Law Firm will provide the
knowledgeable representation you need and deserve!
Diamond Law Firm
9457 Gerald Avenue
Northridge, CA 91343
Phone: 818-891-8840
Email: diamond4law@gmail.com
Website: www.diamondlawfirm.com