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When you are facing the end of a marriage, the legal process can seem like a dense, confusing fog. The fear of the unknown is often the most stressful part. Knowing the path ahead can give you a sense of control. While every case is unique, the California divorce process follows a structured set of steps. Having a guide to walk you through this journey is essential, which is why so many people in your situation are searching for an experienced family law attorney near me. A dedicated firm like JOS FAMILY LAW can navigate you through each stage, from filing to final judgment.
The first step in a California divorce, or "dissolution of marriage," is filing the Petition. One spouse, the "Petitioner," files a set of forms (including the FL-100 Petition) with the superior court in their county. These forms provide the court with basic information about the marriage, the children, and the property. When the Petition is filed, the court issues a Summons (FL-110). This is a critical document that includes "Automatic Temporary Restraining Orders" (ATROs), which immediately prohibit both spouses from selling property, taking children out of state, or changing insurance policies.
The second step is serving the papers. The Petitioner must have a third party (a professional process server or another adult) "serve" the Summons and Petition to the other spouse, the "Respondent." The Respondent then has 30 days to file their "Response" (FL-120). It is vital to file a Response; failing to do so can result in a "default" judgment, where the Petitioner gets everything they asked for without your input.
The third, and often longest, step is "Discovery," or the exchange of financial information. California is a community property state. This means all assets and debts acquired during the marriage are presumed to belong equally to both spouses. To divide everything fairly, both parties must complete and exchange detailed "Financial Disclosures." This is a mandatory, sworn inventory of all income, expenses, assets (like homes and 401(k)s), and debts (like mortgages and credit cards). This step is where an attorney is most critical, as they can ensure all assets are found and valued correctly.
The fourth step is resolving your issues. This can happen in two ways. The most common is "Settlement," where you and your spouse (with your attorneys) negotiate a "Marital Settlement Agreement" (MSA). This is a legally binding contract that covers all four pillars of your divorce: property division, spousal support, child custody, and child support. If you cannot agree, you will proceed to "Litigation," which involves hearings and, ultimately, a trial where a judge will make these decisions for you.
Finally, you must get your "Judgment." Once you have a signed MSA or a ruling from a trial, your attorney will submit a final packet of forms to the court. A judge will sign these, and your divorce will be finalized. It is important to know that California has a mandatory six-month "cooling-off" period. Your divorce cannot be final until at least six months and one day after the Respondent was served with the initial petition.
This is a complex journey. You should not have to walk it alone. To get a clear evaluation of your case and an experienced guide for the path ahead, contact the team at JOS FAMILY LAW.