Divorce is a challenging life experience, even when it is for the best. At Diarian and Bociaga, we understand how trying this can be. Our Sherman Oaks divorce lawyer is committed to providing individualized and expedient services to get your divorce processed and finalized as soon as possible. We believe that our clients should have access to the knowledge to make well-informed and balanced decisions in their divorce, and this starts with understanding what happens after divorce papers are filed in California.
California Divorce Process
The divorce process in California is relatively straightforward at its bones. However, the conditions of the divorce and the complexity of the relationship and assets may affect how smoothly it goes. If the divorce and negotiations are uncontested, you may be able to file for divorce and have it finalized within 8 months or so, even including the six-month waiting period to finalize. However, this process can take much longer if the divorce is contested or in high conflict.
California, like most states, operates on a no-fault divorce system. This means anyone can pursue a divorce without having to prove wrongdoing by their spouse. This is true even if the other spouse does not want a divorce, though that can prolong the process.
Service
Once the initiating spouse files papers with the court, they are responsible for ensuring the other spouse (respondent) is served or legally notified of the intent to divorce. This may be done in person if your situation is agreeable, or you can pay a service processor or the sheriff’s office to serve the paperwork for you.
Preliminary Order
In some situations, the judge may need to impose a temporary order before the divorce is finalized. This will generally address issues such as spousal and child support or custody schedules. These orders may change with the final decree.
Disclosures and Discovery
When the other spouse responds to the initial paperwork, you enter the stage of information gathering. This will generally consist of financial and asset disclosures. In a contested divorce, you may have attorneys filing motions for discovery where you request certain information from the other spouse.
Property and Asset Division
When you have gathered and shared all relevant information, you may begin dividing assets. This can include financial accounts, investments, property, or other valuables. This is often the time that can take the longest while couples navigate how to divide their life and prepare to start over.
Trial and Final Decree
Following asset division and mediation, both parties will submit the agreement to the judge for approval. Reasonable agreements between parties are generally approved. If you have matters left unresolved, the judge will make final determinations. The same is true for matters surrounding child custody agreements and visitation schedules.
Once the judge approves the agreements, they can issue the court order and your divorce can be finalized in six months.
Staying Safe After Filing for Divorce in California
If you are leaving a volatile or dangerous marriage, you may live with many more concerns than the standard divorcing spouse. Safety should be your first consideration in this process and hiring an attorney to help you may be critical in your ability to start over on the right foot. You may consider speaking with a lawyer who works with domestic violence or restraining orders to ensure you have the appropriate support for a safe divorce.