Response to Petition for Divorce, Legal Separation or Nullity (No Children)

No. The process of getting a divorce begins once you file a Summons and Petition and have your spouse served. Before your divorce is finalized, all the issues must be resolved, either by default, agreement, or through contested court proceedings (hearings and/or trial). You must have prepared and filed all of the necessary paperwork and paid all the applicable fees. Every case takes a different length of time to resolve. The process may take several months if the case is uncontested, or it could take much longer if there are complex issues.

Do not assume that you are divorced until there is a judgment signed by a judge and processed by court staff.

In all cases, your marital status cannot be terminated any earlier than six months after your spouse is either served with the divorce papers or files a response to the action.

For additional information, see the California Courts Self-Help Guide for Divorce in California.

In California, the same basic procedures apply to people who are legally dissolving a marriage or a registered domestic partnership.

To file for divorce, either one or both of the spouses or partners must have:

• Lived in the State of California for 6 months and;
• Lived in the county for 3 months before starting their divorce in that county.

Same-sex couples who married in California and now live in a state that will not allow them to divorce can sometimes get divorced in California without meeting the residency requirements. 

In the State of California, it is not necessary for both spouses to consent to the divorce. Either spouse can decide to end their marriage and it is not necessary for the other spouse to agree. The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case. Non-participation may lead to a default judgment but not to a dismissal of the divorce request.

It generally does not matter who is the first to file the divorce papers. The court does not give any preference to the first person to file (the Petitioner) nor any disadvantage to the responding party (the Respondent.)

Yes, if you are changing your name to one you previously used. The request can be made in the Petition, at the time of judgment, or after judgment has been entered. The California Courts website has a Self-Help Guide for this.