Services · Divorce

Divorce.

Dissolution of marriage in California is governed by procedure as much as by substance. The path from filing to judgment can take six months at a minimum and often longer when contested.

When to file

A California divorce begins with a Petition for Dissolution. Either spouse may file; the petitioner does not need the other spouse's consent. Residency is the threshold question — at least one party must have lived in California for six months and in the filing county for three.

Disclosures and discovery

California is a community-property state. Both spouses must complete preliminary financial disclosures (Income & Expense Declaration FL-150 and Schedule of Assets and Debts FL-142) within 60 days of filing. Disclosure is the foundation of any settlement or judgment — incomplete disclosure is a recurring source of post-judgment disputes.

Settlement or trial

The vast majority of contested cases settle before trial — through written stipulations, mediation, or a settlement conference. When a case does go to trial, the issues most often litigated are characterization of property (community vs separate), valuation of business interests, and disputes over support and custody.

Judgment

The earliest a divorce can be final under California law is six months and one day from the date the respondent was served. The judgment is a binding court order; modification is possible for some terms (support, custody) but not others (property division).