When ending your marriage, you must make sure that you are following all the laws in the state. So, what legal requirements do you need to file a divorce in California? If you fail to adhere to these rules, that can lead to a dismissal of your case

Let’s look at all the steps required to file for divorce in California and offer insights into each stage of the process.

Residency Requirements

One of the first legal requirements for a divorce is to meet the residency requirement. At least one spouse must have lived in California for at least six months before filing. 

After that, there is a county residency rule. The spouse who files for divorce must have lived in the county where they filed for at least three months before initiating the process. For example, if you’ve lived in Los Angeles County for only two months, you would need to wait an additional month to meet the residency requirement.

Grounds for Divorce

The Golden State operates under a no-fault divorce system. With that, either spouse does not have to prove any wrongdoing by the other. This creates a process that focuses on equitable resolutions rather than fault-finding. The only two grounds for divorce in California include:

• Irreconcilable differences
• Incurable insanity

Since the system is no-fault, focusing on irreconcilable differences is usually a faster and less contentious way of dissolving the union. 

Filing the Divorce Petition

The process begins when one spouse files a Petition for Dissolution of Marriage (FL-100). Once again, the form must be submitted in the country where the petitioning spouse resides. 

After that, the petitioner should also complete a Summons (FL-110). This will inform the other spouse, or “respondent,” of the legal action. Once that is completed, the court will assign a case number and enter the case into the judicial system.

Serving Divorce Papers

After the petition and summons are filed, these documents must be formally served to the other spouse. The service of process must follow California’s rules. With that, there is a requirement that someone other than the petitioner delivers the documents. Service can be completed by:

• A professional process server
• The county sheriff’s department

From this point, the respondent has 30 days from the date of service to respond. Failure to respond can result in a default judgment. With that, the court can proceed with decisions based solely on the petitioner’s requests.

Financial Disclosures

California law requires that both spouses exchange financial disclosures. These documents will detail information on each spouse’s assets, debts, income, and expenses. This information will be used to fairly distribute marital assets and determine support payments. The financial disclosures include:

• Declaration of Disclosure (FL-140)
• Income and Expense Declaration (FL-150)
• Schedule of Assets and Debts (FL-142)

Both spouses must sign and date these documents to show that everything is complete and accurate. 

Waiting Period

Along with that, California law enforces a mandatory six-month waiting period before a divorce can be finalized. On the day the respondent is served, the clock starts ticking. It gives both spouses time to consider reconciliation or finalize terms. While the waiting period is six months, sometimes, disputes over assets, custody, or support can push the process beyond this period.

Final Agreement and Judgment

The divorce can be finalized once all issues have been resolved through negotiation or court intervention. However, these parties must reach an agreement on child custody, child and spousal support, and property division. If they cannot agree, a judge will rule on any unresolved matters.

The final step involves filing a Judgment of Dissolution of Marriage. With that, it is the official end of the marriage. All the terms of the divorce are legally binding and will be enforced by the courts. 

Get the Help You Need for Your California Divorce

If you are looking for information about these requirements, you need the assistance of an experienced family law attorney. At Roberts & Zatlin Family Law Firm, we provide family law services backed by over 35 years of combined experience in the field. We will make you and your family our top priority. Contact us today or call (951) 381-8147. Your first consultation is free and confidential. Schedule a consultation today.