The Divorce Timeline in California

After filing, 30 days to respond

Dissolution of marriage, or divorce proceeding, is initiated when one party files a Petition. The Petition for Dissolution of Marriage is then served to the responding party. The party originally filing the Petition is known as the "Petitioner" and the other party is known as the "Respondent." Following receipt of the Petition, the Respondent has 30 days (unless Petitioner's attorney grants additional time) in which to file his or her responding statement to the facts. After that time, the case may be set for a Court hearing.

The date of service of the Dissolution of Marriage Petition on the Respondent is important. It begins the six-month waiting period between the start of the dissolution of marriage and eligibility to request that the parties' marital status be terminated and Judgment entered. It is not possible to terminate marital status earlier than six months from the Petition's date of service. You are not free to remarry until your marital status is terminated.

After the Petition's service, the parties may successfully conclude a full Marital Settlement Agreement that will provide for equal division of their community property and for custody, visitation and support of children and/or spouse. Where the parties have arrived at such an agreement, that agreement is incorporated into a "Judgment," which is then signed by the Judge and made an order of the Court. The Petitioner's personal appearance at Court appearance may be required, or the Judgment may be granted upon Petitioner's affidavit without an appearance, in the Judge's discretion. Normally, an appearance is not required if both parties sign the Judgment.

If there are custody and support disputes, it is customary to file what is known as an Order to Show Cause (commonly called an OSC) to obtain a special early hearing for orders for custody and support and for restraining orders. Custody and visitation disputes are now referred by the Court for mandatory counseling at "Conciliation Court" (within the Courthouse) prior to the Court hearing. If an Order to Show Cause is filed on your behalf, a copy will be given to you.

Complex Dissolution Proceedings

In more complex dissolution proceedings, the beginning of a trial is usually delayed considerably to allow time to determine, through "discovery," the fair market value of each item of community and separate property and any claims on it. A trial date is usually not requested until all necessary documentation is completed. "Discovery" may require your completion of answers to written questions from opposing counsel, production of documents for opposing counsel to review, or your testimony before a Court reporter (a deposition). It is frequently necessary to employ experts, such as accountants or appraisers, to assist us in these procedures. We will confer with you prior to such decisions being made.

Discovery procedures may take a great deal of time, and this is done in an effort to represent your interests properly. Therefore, we ask that you be patient during this time. Please remember that everything is done for a reason, and we make every attempt to avoid any wasted time spent on your case.

In every dissolution of marriage proceeding, it is required (unless the parties otherwise agree) that the amount of community property and community obligations be divided equally. This equal division may be accomplished by dividing each particular asset between the parties or by awarding one asset to one party and an asset or assets of equal value to the other. If one party assumes the obligation for a community debt, that debt usually will be deducted from the value of assets awarded to him or her in computing the equal division requirements. Please note that your agreement and a Court Judgment requiring one party to pay a particular bill will not relieve the other party of the obligation, in the event of default, if it is a joint obligation.

The foregoing statement is meant as a general guide in the processing of dissolution of marriage proceeding. The time and the effort involved in a particular dissolution proceeding will vary greatly depending upon the problems involved, such as custody, visitation, determination of the nature and extent of community assets and obligations, child/spousal support and other reasons.

Your cooperation and that of your spouse and his or her attorney are important factors in enabling a reasonable and prompt resolution.