Are you facing a divorce in California? If so, you may have questions and concerns about the California divorce process. Understanding the divorce process helps you know what to expect, which can make the process less stressful. Our divorce attorneys answer divorce FAQs in this article to give you the information you need to know about a divorce in California.
How Does the Divorce Process Begin in California?
California law refers to divorce as the dissolution of marriage. To begin a divorce proceeding, a spouse files divorce papers with the family court and pays the filing fee. They are known as the petitioner. The other spouse is the respondent.
Generally, the petitioner files a:
- Summons
- Petition for Dissolution of Marriage
- Preliminary Declaration of Disclosure
In addition to the above documents, a petitioner may be required to file attachments or forms based on their specific circumstances.
The divorce papers are served on the respondent. It is crucial to serve court papers correctly. “Service” means delivering papers to a person involved in a lawsuit. Failing to follow the rules for serving papers could delay the divorce process. If you hire an attorney, they prepare, file, and serve the divorce papers.
Responding to Divorce Papers in California
Respondents have 30 days to file an answer or response to the divorce papers with the court and serve you with their response. If a spouse agrees to the divorce terms requested in the petition for dissolution, it is an uncontested divorce. They can file an answer with the court stating they agree to all the proposed terms in the petition.
If a spouse disagrees with any terms, the divorce is contested. Their answer should state the specific issues they dispute. The answer may also include allegations against the petitioner and the terms the respondent alleges the court should grant.
A spouse cannot stop the divorce entirely because California is a no-fault divorce state. You can obtain a divorce even if your spouse does not want a divorce. However, a respondent can contest the divorce terms, which will likely make the divorce process longer.
What Happens if a Spouse Does Not Respond to Divorce Papers?
If a respondent does not file an answer to divorce papers, they are in default. The petitioner can ask the court to issue a default judgment granting the divorce. Generally, the court incorporates the divorce terms that the petitioner requested in the initial petition.
California has a six-month waiting period for divorces. Therefore, the judge does not sign a default divorce decree until six months after the service of the divorce papers. The six-month waiting period would still apply even if the spouses agree to the divorce terms.
Uncontested Divorces vs. Contested Divorces in California
In an uncontested divorce, the spouses agree on all divorce terms. The only thing to do after filing the divorce papers and the answer is to wait for the six months to pass. However, the divorce is contested if the spouses disagree on any matter related to the divorce.
Spouses may disagree on terms such as:
Going to court for a divorce can be time-consuming and expensive. You also give up some control because a judge will make the final decision regarding disputed matters. Fortunately, alternatives to court may help spouses resolve their differences to avoid a trial.
A skilled divorce lawyer can help you navigate a contested divorce. An attorney can often help you negotiate a divorce settlement without court intervention.
Mediation may be an alternative for a contested divorce. A family mediator facilitates discussions between the spouses to resolve arguments. The mediator does not make decisions or take a side. Instead, they help the spouses focus on creating an agreement that works best for everyone.
Even though your divorce may begin as a contested divorce, you can resolve your disputes before going to court. If you and your spouse continue to disagree, the case goes to court.
What Happens When a Divorce Goes to Court in Pasadena, CA?
Both parties present their arguments before a judge. They can testify on their own behalf, call witnesses and experts to testify, and present evidence to the court. After hearing from both sides, the judge considers the law and the evidence before rendering a decision.
Spouses must obey the judge’s order. Failing to abide by the terms of a final divorce decree can result in contempt of court. If you believe the judge made an error, you can discuss grounds for appeal with your lawyer.
Modifying a Divorce Decree in California
In most cases, the divorce decree is final. The terms cannot be changed. However, some matters may be modified if the party can prove a substantial change in circumstances justifies the change.
For example, you may seek a modification of child custody if you want to move out of state with your child or your child’s other parent becomes unfit because of a substance abuse problem. You may ask the court to modify child support or alimony if there is a substantial change in your or your ex’s income.
Contact Our Pasadena Divorce Lawyers for a Confidential Consultation
You can benefit from the advice and guidance of a California divorce lawyer regardless of the type of divorce you face. Contact The Graves Law Firm at (626) 365-1037 to schedule a confidential consultation with an experienced divorce attorney. We are ready to put our decades of experience to work for you.
Visit Our Family Law Office in Pasadena, CA
The Graves Law Firm
1055 E Colorado Blvd #500a, Pasadena, CA 91101
(626) 365-1037
