What is the Process of Getting a Divorce in California?

The divorce process in California varies depending on the length of time that you have been married and whether or not children are involved. The process can be much simpler if you are able to file for a summary dissolution rather than the typical dissolution of marriage.

The requirements for you to qualify for this type of divorce process are:

  • You and your spouse have been married for less than 5 years
  • There are no children involved in the marriage
  • There is no real estate owned
  • There is limited property and debts involved in the marriage

A summary dissolution is a much quicker and easier way to complete a divorce in California. The qualifications; however, are strict and many couples do not fit the requirements. The typical dissolution of marriage process involves more procedures and appearances and can take longer. The 10-step process that you can expect if you do not qualify for the summary dissolution is as follows:

  1. One spouse will file a divorce petition
  2. The petition for divorce is served to the other spouse (considered the respondent)
  3. The respondent will file a response to the divorce petition within 30 days of service
  4. Temporary court orders may be put in place if they are requested by a spouse through an Order to Show Cause hearing
  5. Both spouses participate in the 'discovery' process wherein information and documents relevant to divorce are exchanged
  6. Both spouses along with attorneys can discuss settlement possibilities
  7. If an agreement is reached, an attorney can prepare the Marital Settlement Agreement for all parties to sign
  8. If an agreement is not reached, all parties will appear in trial
  9. A Judgment of Dissolution of Marriage will be prepared after trial or after the signing of the Marital Settlement Agreement
  10. The judgment is filed and the court will mail a Notice of Entry of Judgment to both attorneys

It is imperative that you have an attorney who is familiar with the California divorce process on your side. We can make sure your rights are protected and your needs are fought for. For a knowledgeable and compassionate attorney, team up with a divorce lawyer from the Law Offices of Makupson & Howard. We have been helping clients through divorce for more than 30 years and we are prepared to help you as well.

Make sure you reach the divorce settlement agreement that you need and want, contact a Pasadena divorce lawyer from our firm. You can reach us at (888) 328-2734 to discuss your case OR you can start by filling out a confidential case evaluation form for us to review.

Categories: Divorce
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