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The California Divorce Process

A California divorce requires a six-month waiting period. Anyone in California can get a divorce for any reason, and does not need the cooperation or agreement of the other spouse. This is called no-fault. It also means that no matter whose fault a divorce is, the assets are divided the same way. Each party is entitled to one-half of all community property that was earned during the marriage. However, not all money acquired during the marriage is community. Money that was inherited or earned before the marriage is not evenly divided. There are other exceptions as well.

In order for the waiting period to begin, a spouse must first file for divorce and serve the divorce papers.

The divorce process is not automatic. One spouse must file divorce paperwork at every stage of the proceeding or the divorce will remain stagnant. After the divorce is filed and served, the other side then has thirty days to answer by filing a written response in the family law courthouse. If the other side fails to answer, a default can be taken. If the other side does answer the divorce, each side has a right to discovery, and then the parties go to trial. At the divorce trial, the court issues a divorce judgment. It generally takes between six months and a year between the time a party files for a divorce and the time the divorce is resolved by trial.

After the final divorce judgment is made at time of trial, there are certain issues the court always has power to change. These include custody, visitation, child support, and usually spousal support. After a designated amount of time, it is nearly impossible to modify an order.