This Page discusses the Divorce Process from the initial meeting with the attorney through the entry of judgment. Several of the areas in this discussion are covered in other pages and where that is the case I have provided a link for easy access to that topic.

Legally, there is no longer "Divorce" in California law. It was eliminated 27 years ago when the Family Law Act was adopted. The new term became "Dissolution of Marriage". As a practical matter when we refer to "Divorce" we are really talking about "Dissolution of Marriage". The main difference between the two was that divorce was a "fault-finding" case -- in order for your petition to be granted in court you were required to prove that your spouse had done one (or more) of the objectionable acts listed in the code: Abandonment, Adultry, Physical Violence, Addiction to Drugs or Alcohol, or Mental Cruelty. The "innocent" spouse in those days could be awarded up to 60 percent of the community property. With Dissolution of Marriage the "fault" has been eliminated. The Community Property is divided equally between the spouses.

The Dissolution process begins with the telephone call to an attorney. The attorney or his staff sets up an appointment for you at your soonest mutual convenience. There is usually a first consultation fee that varies from office to office (See The Discussion of Attorney Fees ). At the first meeting you should be prepared to provide certain information to the attorney (See the Family Law Interview Form ) to help the attorney evaluate your case.

The attorney prepares the initial papers from the information you have provided. The client then returns to the attorney's office to sign those documents.

The Dissolution process begins with the filing of the PETITION. It is a pre-printed court form that contains statistical information about the marriage (ie. dates of marriage and separation), whether there are children from the relationship, and whether there is property and/or debts to divide. It also states what the person filing the Petition, The Petitioner, is asking the court to order. For instance, the Petitioner can ask the court for orders affecting child custody, visitation, support, property division, attorney's fees and costs, and whether the wife wants her maiden name restored. From the filing of this Petition YOU have become The Petitioner and your spouse is The Respondent.

In addition to the Petition there are several other forms that must be filed at this time. The Summons and the Confidential Counselling Statement are required to be sent to the court in the initial filing. The Confidential Counselling Statement is The Petitioner's statement of whether he or she would like counselling to try to save the marriage.

The Summons, Petition and Confidential Counselling Statement (and other papers) are sent to the Clerk of the Superior Court. A file folder is opened and a number is assigned to the case. The papers are stamped "filed". When the attorney gets the file-stamped papers back from the court they must be served on The Respondent. The papers can be served in any one of several ways. The traditional method is "personal service" where the papers are handed to The Respondent by a uniformed Sheriff or a non-uniformed private process server. The papers can also be sent to The Respondent with a form for him or her to sign indicating that he or she acknowledges receipt of the papers. If The Respondent lives out of the state service can be accomplished by first class mail. If The Respondent is avoiding service then the court may order that the Summons and Petition be served by publication in the newspaper.

The SERVICE of the Summons and Petition starts two very important time periods:

The 30-Day period for The Respondent to contest the case by filing a Response.

The Six-Month period at the end of which the marriage can be finally dissolved and the parties restored to the status of single individuals.

All lawsuits are resolved by settlement or trial. If the parties and their attorneys can meet and agree upon all the issues of the case (which may involve property division, custody and support of children, spousal support, medical insurance and a variety of other issues) then the case can be settled and the parties do not need to appear in court. The Dissolution process goes foreward with the creation and filing of a Judgment and Marital Settlement Agreement. But if the parties cannot resolve the issues then it may be necessary to request a trial date. Trial dates are usually set about four months from when they are requested. This could also depend upon whether the trial is expected to be a "short cause" matter (less than a half-day) or a "long cause" matter.

At trial each side will have an opportunity to tell his and her story to the judge. Witnesses may be called and exhibits introduced. Trials are usually expensive, unpleasant and unpredictable. Although judges are sword to objectively decide cases brought before them, every judge also takes the bench with his or her own prejudices, values and viewpoint. No attorney can predict what the results will be in a particular case. This risk of an uncertain outcome at trial is a persuasive argument for parties to resolve their case by way of negotiated settlement.

Often, however, people can't wait for four months before they get some temporary orders to maintain the status quo. The law provides for temporary orders to be put into effect within the first 30 days after filing the Petition. It can be sooner if the facts of your case warrant. The court can only grant certain types of relief at this early hearing -- such as orders dealing with:

• Child Custody
• Child Visitation
• Child Support
• Spousal Support
• Temporary Restraining Orders
• Orders For One Party To Leave The Home
• Temporary Possession of Property Orders

This subject is dealt with in more detail in The Order To Show Cause Page . Generally, at the Order to Show Cause hearing the parties do not testify. The information is provided to the judge through written Declarations signed under penalty of perjury. These declarations are prepared by the attorney who argues for the orders you are requesting at the hearing.

Return To Home Page

Frequently Asked Questions and Frequently Made Mistakes

Family Law Interview Form

The Child Support Discussion

Read the Child Custody Discussion

Review the Local Court Rules

Please Read THE CHILDREN'S BILL of RIGHTS

The Attorney Fees

The Order to Show Cause Page