Divorce in California
In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce as California is a no fault state where the grounds are irreconcilable differences. You can get a divorce even if the other person does not want one. You can divorce to end a marriage or domestic partnership. A legal separation has a similar process but at the end of a legal separation, you are still legally married. There are different instructions for a nullity (annulment) and it is recommended that if you file for a nullity, you plead in the alternative for a divorce in case the nullity is not granted.
Understanding the Terminology
- Petitioner and Respondent: The person who files the case is known as the petitioner. This remains the same throughout the case even if other paperwork is filed later by either party. The petitioner’s spouse is known as the respondent.
- Family Resolution Conference (FRC) or Case Status Conference (CSC): A case management conference is set at the time a case is filed and the copies of your paperwork will include a future court date. If the case is filed by an attorney, this is called a Family Resolution Conference and is scheduled in the courtroom. If the case is filed by a person without an attorney, this is called a Case Status Conference and is conducted by the Family Law Facilitator’s Office over the phone.
- Declaration of Disclosure (DOD): Declaration of Disclosure which is required in every case before divorce can be granted.
- Request for Order (RFO): Request for Order which is a motion to request the court make orders while the divorce is pending.
Starting a Divorce Case Considerations
- Residency: Either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months.
- Venue: There are four divisions in San Diego (Central, East, South, and North) and you may file at the courthouse based on your zip code or your spouse’s zip code.
- Forms: The minimum forms required to file are the Family Law Certificate of Assignment/D-049, Petition/FL-100, Summons/FL-110, and the Declaration Under UCCJEA/FL-105 if you have minor children.
- Financial disclosures: At the time of filing, or within 60 days of filing, you are required to serve your spouse with a Preliminary Declaration of Disclosure (see our Declaration of Disclosure article). These forms include:
- Declaration of Disclosure (FL-140);
- Schedule of Assets and Debts (FL-142) or a Community Property Declaration (FL-160) and Separate Property Declaration (FL-160); and
- Income and Expense Declaration (FL-150).
- Filing: File papers to start the case and pay the filing fee which in San Diego is $435. If you cannot afford the fee, you can apply for a fee waiver.
- Service: The documents must be served on your spouse by a third party over the age of 18.
Serving the divorce papers
- After filing the forms and obtaining a case number, you must have someone serve (deliver a copy to your spouse). This can be anyone other than you over the age of 18 who will then complete a Proof of Service of Summons (FL-115).
- Personal delivery of the documents is the most reliable form of service.
- If your spouse lives in California, service may be done by mail if your spouse signs a Notice of Acknowledgment of Receipt (FL-117) to be filed with the Proof of Service of Summons.
- If your spouse lives in another state, service may be done by mail if it is certified mail, restricted delivery, and your spouse signs the green certified mail card to be filed with the Proof of Service of Summons.
- If your spouse lives out of the country, please speak with Facilitator staff or an attorney as there may be very specific rules for service.
- Once service of the divorce documents and the financial disclosures have been served, you are ready for the next step.
Does Your Spouse Need to Respond?
- Once served, a respondent has 30 calendar days to respond. However this time is extended until a Request to Enter Default is submitted.
- Generally, a Response is filed when the respondent does not agree with one or more of the requests in the Petition.
- Even if the respondent does not disagree with the Petition, the respondent may file a Response to make sure no orders are made without their participation.
- The respondent will also owe a filing fee of $435 or can apply for a fee waiver.
- If the respondent does not disagree with the Petition and/or the parties have already reached an agreement as to the issues in the case, a Response does not need to be filed.
- If no Response is filed, the case will be completed by default or default with an agreement.
We Hear All the Time “It Was So Easy to Get Married; Why is it So Hard to Get Divorced?”. The Answer is that it Really isn’t, You Just Need to Follow the Steps, and We’re Here to Help!
Finishing a Divorce Case
- Timeline: Once it has been at least 30 days since your spouse was served, or a Response has been filed, you can move forward with your case. The parties must submit paperwork to finalize a case, the court does not take any action without the parties.
- Default: If your spouse has not filed a Response, you can proceed by default. A default without an agreement means the respondent is not participating at all. The petitioner can proceed with the divorce on their own but can only ask for what was requested in the Petition. For example, if no spousal support boxes were marked, the court cannot make orders as to spousal support, including a termination of jurisdiction. If the petitioner marked 9.a. and 10.a. (no assets or debts) but there are assets and/or debts, the petitioner will need to amend the paperwork, serve the respondent again, and then proceed to default.
- Agreement: If you and your spouse have an agreement, you can proceed as soon as you have agreed to all the terms. This means an agreement on spousal support, division of assets and debts, and if you have minor children, custody/visitation, and child support. An agreement requires that both parties have completed and exchanged their financial disclosures.
- No agreement: If the parties cannot reach an agreement, the case will need to go to trial. A trial date may be set at a status conference or a party may need to file a Request for Order to ask for a trial date.
- Judgment: This form is the “divorce decree” and will include the divorce date, six months from the date of service, and a name change if requested by one or both of the parties. A Judgment (FL-180) is filed at the end of the case along with order attachments, if a default, or a marital settlement agreement. The forms that accompany the FL-180 can be reviewed on the Judgment Checklist (FL-182).
The San Diego County Family Law Facilitator's Office is a court-funded program staffed by attorneys, paralegals and court clerks who provide free legal assistance to unrepresented family law litigants. Request assistance to review your options.