Dissolution of Marriage Procedure

Declaring the matrimonial contract broken

A divorce in California is officially called "Dissolution of Marriage." In a California dissolution, the court declares the matrimonial contract broken. The legal process begins when one party (the "Petitioner") serves a Petition for Dissolution of Marriage upon the other party (the "Respondent"). The court serves a Summons on the Respondent.

Both the Petition and Summons are general forms that require statistical information, identification of minor children, a list of the property to be divided and the relief requested (such as custody, support and property rights).

The Respondent is required to respond with a Notice of Appearance within 30 days in California. After the Summons, the Petition is served, which describes in more detail the factual basis for the divorce and specific relief being sought. Once served upon the Respondent, he or she has 30 days to respond. In the Response, the Respondent may admit or deny parts of the Petition.

If the Respondent doesn't file a Response, the case may proceed by "default," and a default Judgment may be entered. But the Petitioner still must prove his or her case at a "prove-up" hearing by presenting evidence to back up the relief request.

Discovery Process

One of the parties to the dissolution will usually request a temporary court order by filing for an Order to Show Cause hearing. At this hearing, the judge will make rulings on temporary child custody, support and restraining orders.

The parties then engage in Discovery, which is the process by which both parties exchange information and documentation relevant to the divorce. Part of this procedure involves what is known as the Preliminary Declaration of Disclosure. This is a court form in which each party lists all known community and separate properties. Current income figures as well as expenses are also listed here.

At the end of the Discovery process, the parties and their attorneys discuss the case's settlement. If the case is resolved at this stage, one of the attorneys will prepare a Marital Settlement Agreement that will contain all the terms outlined in the agreement. The spouses and their attorneys then sign this contract. Should an agreement not be reached on all the terms of the settlement, a trial will take place.

After the parties sign the Marital Settlement Agreement, or after the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage. This document contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.

Divorce