The California Divorce Process
Are You Planning To File For Divorce In California?
Divorce can be an incredibly stressful process. Whether you’re just starting to consider filing for divorce or if you’ve already begun the process, there are a number of areas you need to consider, like your extended family, children, property, and your finances.
While it isn’t surprising to hear that changing your entire family and marital life can come with a lot of complications, with the right preparation you shouldn’t need to worry about surprises from the process itself.
Call us at (909) 992-0188 to speak with an experienced California family law attorney today. Get a Consultation!
Experienced Divorce Lawyers in California
Our Rancho Cucamonga divorce lawyers at Family Law Advocacy Group provide families and individuals with the passionate and experienced legal representation they need to secure the beneficial outcome they deserve.
No matter how far into the divorce process you may be, we can help. Contact us today to speak with a member of our firm and begin planning your next step.
Divorce Process in California
- One spouse must fill out and file a divorce petition with the court, then serve their spouse with the necessary papers.
- The spouse who received the papers, also known as the respondent, must file their response with the court within 30 days of receiving them.
- Both spouses have the ability to file for an Order to Show Cause which allows the judge to make any necessary restraining, child custody or temporary support orders.
- At this point, the discovery process can begin. During this time, both spouses must exchange any relevant information and documents including, but not limited to any income and expense declarations. Both spouses must also list their community and separate property in a Preliminary Declaration of Disclosure form.
- Once this process is complete, both spouses, as well as their attorney will meet in order to discuss potential settlements. If both spouses agree to the terms of the settlement, then one of their attorneys will list the terms of the agreement in a Marital Settlement Agreement. Once the Agreement is complete, both spouses and their attorneys must sign it to make it official.
- If no agreement is reached, then the divorce will proceed to court.
- After either the Marital Settlement Agreement is signed or the trial is complete, one of the attorneys must complete and file a Judgment of Dissolution of Marriage. Both now ex-spouses attorneys will then receive a Notice of Entry of Judgment.
Who Can File For Divorce in California?
In order to file for divorce in the state of California, either you or your spouse must have been a resident for at least six months, as well as a resident of the county where the divorce is filed for three months prior to the filing. In same-sex marriages, you may file for divorce in California without either of you being a resident as long as you were married in California and your state does not recognize same-sex marriage.
How Long Does It Take To Get Legally Divorced In California?
In California, you need to wait six months or more from the date you submitted the necessary documents for the court to recognize your divorce as official.
A New Beginning Is Possible
See What sets Family Law Advocacy Group Apart
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Recognized for Excellence
Our attorneys have earned respected industry awards and peer recognition for our commitment to delivering exceptional representation to every client we serve.
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Putting Your Family First, Always
We take the time to understand your priorities, your concerns, and your long-term goals - so you always feel informed, supported, and empowered throughout the process.
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Outstanding Negotiating Skills
Our team combines sharp legal strategy with seasoned negotiation skills. We know when to push, when to protect, and how to position you for the best outcome.
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Board-Certified Advocates
Being Board Certified by the California State Bar means meeting the highest standards of experience, education, peer review, and successful case handling.
Common Mistakes People Make During the Divorce Process
Divorce is one of the most emotionally charged and legally complex processes an individual can experience. Unfortunately, mistakes made during the divorce process can have lasting financial, legal, and personal consequences. Here are some of the most common errors people make when navigating a divorce:
- Failing to Understand Their Legal Rights: Many individuals go into a divorce without fully knowing their rights, particularly regarding property division, spousal support, and child custody. This lack of knowledge can lead to significant losses.
- Hiding Assets or Financial Information: Attempting to hide assets to protect financial interests can backfire. Courts take full transparency seriously, and failing to disclose assets can damage your credibility and result in penalties.
- Making Emotional Decisions: High emotions often lead to impulsive decisions, such as agreeing to unfavorable terms just to end the process quickly or letting anger drive negotiations instead of focusing on long-term stability.
- Ignoring the Discovery Process: Failing to provide or collect necessary financial documents or overlooking the importance of discovery can lead to unfair settlements.
- Neglecting Proper Financial Planning: Diving into a divorce without a clear picture of financial implications like debts, expenses, and future needs can leave individuals vulnerable post-divorce.
- Neglecting the Welfare of Children: Amidst the conflict, parents might lose focus on what’s best for their children when determining custody and visitation arrangements. Courts prioritize the child’s best interests, and any failure to do so can hurt a parent's case.
- Using the Divorce to ‘Punish’ the Other Spouse: Treating the process as a form of personal retribution often prolongs the case, increases legal fees, and leads to emotional damage for both parties, especially if children are involved.
- Signing Documents Without Legal Advice: Many individuals inadvertently agree to unfair terms by signing legal documents without fully understanding them or consulting a divorce attorney.
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“From the moment I contacted their office, I felt heard, supported, and—most importantly—understood. They made the process feel manageable and gave me peace of mind every step of the way. They truly fought for what was best for me and my family.”- Chris C. -
Kind and Very Communicative
“What a wonderful experience! Everything went so smoothly, and I felt a sense of relief knowing that this law firm was taking care of me. I would highly recommend them. They are professional, kind, and very communicative. The best!”- Travis H. -
They Kept Me Informed
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They Put My Child First
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He Truly Listened
“Going through a custody battle was extremely stressful, but Thomas McColl made me feel supported and confident the entire time. He truly listened, explained everything clearly, and fought for what was best for my child.”- Edd V. -
Guided Me the Whole Way
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Professional & Caring
“My attorney is a great child support attorney—professional, caring, and easy to work with. She explained everything clearly and truly had my child’s best interests in mind. I highly recommend her and this firm.”- Laura A. -
They Treated Me Like A Person
“I had an excellent experience with this law office. From the moment I contacted their office, the staff was professional, kind, and incredibly helpful. What really stood out was how the entire team treated me like a person, not just a case.”- Cristina C. -
Exceptionally Attentive
“Stephen has been exceptionally attentive, communicative, and genuinely invested to my case. He takes the time to walk me through every step, answers all of my questions promptly, and ensure I always feel informed and supported.”- Toni M. -
They Listened to My Concerns
“The staff was so helpful and understood completely what I was hoping to achieve! They were amazing in assisting me with my divorce and always listened to my concerns and needs as a client. I couldn’t be happier with my outcome.”- Jamie J. -
Caring, Compassionate, and Understanding
“They are very caring, compassionate and understanding. They will work until they get the best outcome for your case. Working with them, I saw nothing but professionalism and commitment to each client they had.”- Briana G. -
They've Been A Godsend
“Finding an attorney you can not only trust, but also have confidence in to deliver results is not an easy task. They have been a godsend and I can't thank them enough for all that they have done. I feel fortunate to have engaged them.”- Former Client -
They Show Up Ready
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Best Law Services Around
“My attorney is responsive, thorough, and made sure I had complete understanding of my options. After handling my personal situation so well, I now refer Family Law Advocacy Group to all those I know who would truly benefit from his services.”- Darrel G. -
They Take Interest in Clients
“They are very attentive to detail and what is in the best interest of their clients. They are incredibly knowledgeable, thorough, and operate with integrity. They make time for you and get the job done with efficiency.”- Rachel B.