Getting divorced is one of the toughest times in our lives: some say that they wouldn’t ever want to go through it all again, and that’s why they don’t wish to get married anymore. Preparing all the documents, attending trials, and communicating with your ex in the presence of a judge seems to be unbearable. Yet you have to cope with it to start your personal life all over again and get rid of things that don’t make you happy anymore. In this guide, we will explain the divorce process in California step-by-step so that you could get more control over it and understand how to get this done fast and easily.
Start with preparation
The first step you will need to take to become officially single again is preparing to file for divorce. During this stage, you will need to make a lot of things clear to yourself: whether it is possible to restore your marriage, how happy you will be without your partner, and how it can affect your kids. In case you are just acting emotionally, the decision to postpone the divorce may be a good solution.
But if you are determined to split up with your spouse, consider thinking about the way you can get the most out of the divorce with the least losses. For this purpose, you may decide to consult with a lawyer, seek advice from friends who have experienced divorce, or specifically reach out to divorce mediation experts, who possess specialized knowledge and expertise in facilitating peaceful and cooperative divorce proceedings.
After that, collect the necessary documents you will need later, e.g. Social Security Card, passport, bank account and taxes papers, birth certificate, your kids’ birth certificates, etc., make their copies, and store them in the cloud.
File the divorce papers in California
Once you’ve decided that there is no way back and you want to break up with your husband or wife, start searching for the service to help you file your divorce. You can get an attorney’s support to feel more confident but be ready to face extra expenditures on their service. We suggest that you try an online divorce California service to get your Summons, Petition, and other papers done quickly and flawlessly.
Serve your partner with the documents
After getting your papers done, you will need to serve them to your soon-to-be ex. This procedure helps your partner to find out that the legal process has started and that they are the party to the case. In California, any person older than 18 years old can deliver the papers: the only restriction is that they should not be an interested party in the case. You are free to choose who will carry out this step: it can be either a professional server or your close friend, cousin, etc. The service can also be done via mail. Upon receiving your Petition and Summons, the Proof of Service of Summons should be provided to the court to continue your process. If the papers are delivered by mail, your partner needs to sign the Notice and Acknowledgement of Receipt form.
Respond to divorce
Once the previous steps to getting a divorce in California are taken, the procedure will fasten: your partner already knows that you are seeking to split up with them, and they have limited time to react to your statement. At this stage, they will have to file the Response form to demonstrate their agreement or disagreement with your claims that you stated in the Petition for divorce. Once the court receives them from your spouse, you have a few more things to do to bring the stage of discovery closer.
Request Temporary Orders
“What happens after divorce papers are filed in California?”, you ask. Now, it’s time to request Temporary Orders for your couple to make the most important issues of your life resolved until the final decision on your divorce is made. Usually, couples ask for these Temporary Orders to be imposed since the divorces are finalized in at least half a year and one day after the service of documents: such time is too long to live without the understanding of how to organize child visitation, provide child and spousal support, etc.
Disclose your finances
To make your case review possible in court, both partners will have to provide 4 forms regarding their financial matters: FL-140, FL-141, FL-142, and FL-150 forms. Thus, a judge will see all the details of your financial situation: debts, assets, salaries, credit cards history, property details, etc. The information given in these forms helps to settle all financial and property aspects of divorce and make sure that your kids’ interests are protected as well.
Help your case discovery
The next step you can take is serving discovery. This is an optional stage that implies you requesting information from your partner. If you want to find out any details about the property, assets, or money matters in your marriage, consider using this chance via serving discovery. This procedure is legal and should be completed 2 months before the trial takes place.
Settle all the issues on paper
Before you can relax and wait for the judge to process your case, you need to settle all divorce issues with your partner. This is a formal procedure done on paper to make all the aspects of your life after marriage clear and acceptable for both of you. The settlement implies outlining the terms of child care, their support, and visitation, wife’s or husband’s support, the property division, and the order of debt allocation, etc.
Wait for the trial and get your divorce decree
The last stage you will go through is a trial and then receiving the decree of divorce. Remember that the speed of your divorce finalization depends on your ability to find a common language with your ex and confirm it on the paper.