The Ultimate Divorce Process Checklist for California | Califonia Divorce

Posted by Tim Blankenship on

 

The Ultimate Divorce Process Checklist for California

Divorce can feel overwhelming, especially if you’re unsure of the steps involved in the process. Understanding how to navigate the divorce process in California is crucial, whether you’re working with a lawyer or handling it on your own. Below is a comprehensive checklist that outlines essential steps to help you stay organized and informed throughout your divorce journey.

Understanding the Divorce Process

The divorce process can vary depending on the circumstances surrounding your marriage. However, there are general steps that apply to most cases. This checklist is designed to clarify those steps, ensuring you know what to expect at each stage.

1. Filing Your Divorce Petition

The first step in the divorce process is to officially file your divorce petition. This is done by submitting a form known as the Petition for Dissolution of Marriage (FL-100) to the appropriate court in your county. Keep in mind that:

  • You must meet California’s residency requirements, which state that at least one spouse must have lived in California for the last six months and in the county for at least three months prior to filing.
  • Filing fees typically range around $435, but you can request a fee waiver if you cannot afford it.
  • The date of filing will serve as your legal separation date, meaning that from this point on, community property will no longer accrue.

2. Serving Your Spouse

Once you file your divorce petition, you are required to serve your spouse with the official divorce papers. This step is crucial because it ensures that your spouse is aware of the divorce proceedings and can respond accordingly. Options for serving include:

  • Hiring a professional process server.
  • Using a friend or family member who is over 18 and not involved in the divorce.
  • Serving by mail if both parties are on good terms, with a signed acknowledgment form.

3. Waiting for a Response

Your spouse has 30 days from the date of service to respond to the divorce petition. If they fail to file a response, you may be eligible to request a default judgment, which means the court will grant the divorce based on the terms you proposed in your petition.

4. Financial Disclosure

Both parties must complete a Preliminary Declaration of Disclosure, which involves sharing financial information and documents. This step includes:

  • Filing the FL-142 (Preliminary Declaration of Disclosure).
  • Filing the FL-150 (Income and Expense Declaration).
  • Exchanging financial documents, such as tax returns, bank statements, and retirement account information.

5. Negotiating Settlement Terms

If both parties are amicable, you can negotiate the terms of your divorce, including asset division, child custody, and support arrangements. This can be done through:

  • Mediation, where a neutral third party facilitates discussions.
  • Collaborative divorce, where both parties work with their attorneys and other professionals to reach an agreement.
  • Direct negotiation between spouses.

6. Finalizing Your Divorce

Once an agreement is reached, you will need to submit your divorce judgment paperwork to the court. This includes:

  • The Judgment (FL-180).
  • Any additional forms required by your county.
  • Proof of service of the final documents.

After submitting all required documents, the court will review them. If everything is in order, the judge will finalize your divorce, and you will receive a divorce decree.

Important Timelines to Remember

Understanding the timelines associated with the divorce process can help you stay on track. Here are some key deadlines:

  • File proof of service within 60 days of filing your petition.
  • Complete your Preliminary Declaration of Disclosure within 60 days of serving your spouse.
  • Your spouse must respond within 30 days of being served.
  • File for default judgment within 60 days if no response is received.
  • Final judgment must be submitted no later than 18 months after the petition is filed.

Common Pitfalls to Avoid

While going through the divorce process, it’s essential to avoid common mistakes that can complicate matters:

  • Failing to serve your spouse properly, which can delay the process.
  • Not being transparent in financial disclosures, which can lead to complications later.
  • Ignoring deadlines, which can result in missed opportunities or court dates.
  • Assuming you need to file a response if your divorce is amicable. In many cases, this isn’t necessary.

Conclusion

Going through a divorce can be daunting, but having a clear checklist and understanding the steps involved can make the process more manageable. Remember that while this checklist provides a general overview, every divorce is unique, and your circumstances may require additional considerations. For personalized assistance, consider consulting with a knowledgeable divorce attorney who can guide you through the process.

By staying organized and informed, you can navigate the divorce process more effectively and work towards a resolution that suits your needs.

 

Tim Blankenship – who has written posts on Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal.

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