Understanding the Divorce Process in California

Navigating divorce can feel overwhelming, especially when you're trying to make sense of legal timelines and requirements. In California, the divorce process has specific rules that both parties must follow. Here’s a clear and concise breakdown of how it works, from family law attorney Mary Molinaro.

The process begins with the filing of a petition. Once the petition is filed, the other party, the respondent, has 30 days to file a response, unless an extension is granted. This kicks off the timeline for the legal dissolution of the marriage.

California law requires a mandatory waiting period of six months and one day from the date the respondent is served or makes their first appearance. This is the soonest a divorce can be finalized, but it doesn’t happen automatically. A formal request must be made to the court, either through a motion or mutual agreement, for the divorce to be completed.

During this waiting period, both parties must fulfill mandatory disclosure obligations. This involves exchanging detailed financial information, including:

• A list of all assets and debts

• The characterization (community or separate) and valuation of these assets

• Income and expense disclosures

  
  

These disclosures are required twice during the process and ensure transparency and fairness in dividing property and determining support.

Once disclosures are complete, and if both parties reach an agreement, that agreement becomes the judgment of divorce. This legal judgment includes:

• Division of property

• Custody and parenting agreements

• Spousal and/or child support arrangements

  
  

This structured process is designed to ensure that all aspects of the marriage dissolution are handled thoroughly and equitably.

Mary Molinaro is a compassionate and experienced family law attorney who helps clients navigate the complexities of divorce with clarity and care. Whether you are just starting the process or trying to finalize a settlement, Mary provides guidance every step of the way.