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How to File for Divorce in California – Paso Robles, San Luis Obispo, Atacadero, Arroyo Grande, Grover Beach, Los Osos and Santa Maria

A description of how the California divorce process works, from the filing of a divorce until the entry of judgment.

The following information is designed to give the reader a general idea of how the average divorce proceeds. However, each divorce is a little different because of specific issues between the spouses.

To begin a divorce in the state of California, one spouse must file a Petition. The person who files the Petition is the “Petitioner.” The Divorce Petition must then be served.

After the spouse is served, that person has 30 days to file a Response. This document tells the court that the Respondent wishes to participate in the divorce proceedings. The person who must file the Response is called the “Respondent.”

If the Respondent fails to file a Response within 30 days after being served with divorce paperwork, the case proceeds without the Respondent’s participation. The Petitioner prepares a judgment and submits it to the court. The Petitioner requests orders concerning custody, visitation, child support, spousal support and division of property. Six months and one day after the Respondent is served, the divorce becomes final (this is called a “waiting period”).

If the Respondent files a Response, the parties exchange documents and other information about their property and incomes.

If one or both of the parties need the court to make orders, either spouse may do so by filing an Order to Show Cause.  Normally, the request will be for child custody, child visitation, child support, spousal support, attorney fees, or for a domestic violence restraining order. Each party appears in court and explains his/her position. The court then makes orders based upon the parties’ declarations or testimony.

In many cases, the matter goes by “default,” which is when one party does not file a Response and the Petitioner asks the Court/Judge for a Judgment without having to go to Court.  Often times, the parties will settle the entire case with a Marital Settlement Agreement.  Judgment documents must be properly prepared and processed with the Court in every instance.  Again, six months and one day after the Respondent was served, the divorce becomes final.

Once the judge signs the judgment and the six month waiting period has elapsed, the divorce becomes final.

Even after the court signs the judgment, some orders can be modified. These include child support, custody, visitation, and usually spousal support. However, other orders can almost never be changed after the judgment is entered, these include orders dividing property and any other type of order.

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