When you are embarking on a journey, it is important to have an overview of where you are now and where you are going. Similarly, with a separation, divorce or an annulment of a marriage or domestic partnership, an overview of the system will help you plan ahead. This article will give you a view of a big picture, but be aware that this is a generalized summary that will certainly vary depending on the unique facts of your case, your assets and your family.
1. Petitioner Files Paperwork. The Petitioner is the person who files the paperwork to get the divorce process started. The forms needed to start your case in California can be found at this site: http://www.courts.ca.gov/1229.htm
2. Serve the Forms. The other party (Respondent) needs to know what paperwork is filed. To accomplish this, a person serves the forms to the Respondent. The Petitioner can’t serve the forms themselves because the Petitioner is a party in the case.
3. Respondent Responds. The Respondent has 30 days to reply to the paperwork that is served. There are 4 possible scenarios here:
- Respondent Doesn’t Respond. The Petitioner waits 30 days and files the appropriate paperwork for a Judgment.
- Respondent and Petitioner Work Out a Written Agreement. Respondent doesn’t respond but the Petitioner files the written agreement between Respondent and Petitioner and the paperwork for a judgment.
- Respondent Files a Response and Written Agreement (“Uncontested Case”). This is the “uncontested case,” where one of the parties files and Appearance, Stipulation and Waiver and a Proposed Judgment.
- Respondent Files a Response (“Contested Case”). The Respondent files a response, but the parties can’t agree, so it proceeds to the next step toward trial.
4. Disclose Financial Information. Both parties are required to fill out disclosures of financial information within certain timeframes. This is where you submit information, and you must not withhold information or be dishonest about any information.
5. Orders. During the process, either party can request temporary orders relating to child support, spousal support, custody, etc.
6. Mediation. Mediation is where an attorney or an arbitrator assist the parties in seeing whether they can come to an agreement on important issues such as dividing the assets or time with the children.
7. Trial Preparation and Trial. There are various steps that can lead to trial. The discovery stage is where parties are trying to get more information from each other. They can do this with interrogatories, which are questions posed that are required to be answered. Requests for admissions is where you submit a statement to the other side that they have to affirm or deny. There are also requests for production, where certain documentary evidence can be requested. Deposition is sworn testimony where a person is asked questions while they are under oath. These steps help the parties prepare for a trial, where the judge will make a decision on the issues presented.
8. Final Judgment and Timing. Your divorce will be finalized by a document that is signed by a judge. This is when the proposed Judgment that was filed by one of the parties is signed by the Judge and becomes a Final Judgment. Be aware that in California, you have to wait until 6 months after the case is filed and the Respondent has been served before the Judgment is Final.
9. Additional Resources. This is just a primer on the divorce process, but there are many resources for more information. One very helpful resource can be found at http://www.courts.ca.gov/1225.htm.
