| What are the grounds for divorce in California? | | | | they incur the expense, and in the event that they |
| First, it is called Dissolution in California. California is a no | | | | make any suchexpenditure, they must be prepared to |
| fault state whichmeans that the Court will not examine | | | | account to the Court. Parties are not,however, |
| which party is at fault in deciding issuessuch as the | | | | precluded from using community property to pay |
| division of community property and support. There are, | | | | reasonable attorneyfees in order to retain legal counsel |
| however,residency requirements. Either you or your | | | | in this action. |
| spouse must have lived in | | | | What happens after the Petition and Response is |
| California for the last 6 months, AND the county | | | | served and filed? |
| where you plan to file thedivorce for the last 3 months. | | | | Often the parties will attempt to agree on issues such |
| If you and your spouse have lived in California forat | | | | as temporary custodyand visitation and temporary |
| least 6 months but in different counties for at least 3 | | | | child and spousal support. Agreements on |
| months, you can file ineither county. | | | | thesematters are often incorporated into a written |
| How do I start the dissolution process? | | | | Stipulation and Order and filedwith the Court. If the |
| You must file and serve on your spouse a Petition and | | | | parties cannot agree on these issues they may file an |
| Summons. The Petitionand Summons must be filed | | | | Order to Show Cause and request the Court to |
| with the Court before you can serve it upon theother | | | | decide these issues for them. Ifcustody and visitation is |
| spouse. You are now the Petitioner in the action and | | | | in dispute, the Court will first send them to |
| your spouse is the | | | | Conciliation Court where a trained mediator tries to |
| Respondent. Unless you qualify for a waiver of the | | | | help the parties agree on aparenting plan. In Los |
| fee, there is a filing feewhich at the time of writing is | | | | Angeles conciliation services are free. An |
| $320. The Petition and other court forms can befound | | | | appointmentcan be made by calling conciliation |
| at If there are children you also haveto serve and file a | | | | services at (213) 974-5524. If the parties stillcannot |
| UCCJEA declaration regarding the children of the | | | | agree, the Court will make a temporary custody and |
| marriage. | | | | visitation order thatis in the best interests of the |
| What do I do if I am served with a Petition and | | | | children. The temporary order will continue untilthe |
| Summons? | | | | parties can reach an agreement or until custody and |
| As the Respondent you have 30 days to file and | | | | visitation is resolvedafter a trial. |
| serve a Response. Unless youqualify for a fee waiver, | | | | What happens if the parties can agree on all issues? |
| you must also pay the $320 filing fee. If you do not | | | | If the parties can agree on all issues in the dissolution, |
| fileand serve in time your Response, the Petitioner | | | | that agreement can beincorporated into a Marital |
| may apply for a defaultjudgment. | | | | Settlement Agreement or a Stipulated Judgment. |
| Are there any other consequences of being served | | | | Acourt appearance is not usually necessary in this |
| with a Petition and | | | | situation. However, the Courtwill require that each party |
| Summons? | | | | has made full disclosure of all their assets andliabilities |
| Yes. First, the date of service starts the clock ticking | | | | and also any business investments and opportunities. |
| for the earliest time whenyou can get a Judgment of | | | | Each party isrequired by California law to file a |
| Dissolution. The marital status of the parties cannotbe | | | | preliminary and final "declaration ofdisclosure" with the |
| terminated any earlier than 6 months after the date | | | | Court that they have served an Income and Expense |
| when the Petition and | | | | Declaration and Schedule of Assets and Debts on |
| Summons were served. Second, the Summons has | | | | their spouses. The finaldeclaration can be waived by |
| automatic restraining orderswhich are applicable to | | | | the written agreement of the parties. Thedisclosures |
| both parties. If either party breaks one of these | | | | will list each spouses community property assets and |
| ordersthey may be held in contempt of Court. | | | | debts andseparate property. Most disputes involve the |
| These orders provide that both parties (1) may not | | | | extent and valuation ofcommunity property assets. If a |
| remove either of thechildren of the marriage from the | | | | spouse tries to hide assets, we can employvarious |
| State of California without obtaining thewritten consent | | | | discovery tools and force the other side or a third |
| from the other, or a Court order, (2) may not cash, | | | | party to turn overfinancial records. In complicated |
| borrowagainst, cancel, transfer, dispose of, or change | | | | cases it may be necessary to employ theservices of |
| the beneficiary of any insuranceor other coverage | | | | experts such as forensic accountants, appraisers and |
| held for either's benefit, (3) may not transfer, | | | | pensionspecialists. |
| encumber,conceal, or in any way dispose of any real | | | | Do all community assets and debts have to be divided |
| or personal property without thewritten consent of the | | | | equally? |
| other or a Court order, except in the usual course | | | | Generally yes. There are exceptions such as personal |
| ofbusiness or for the necessities of life. Further, if either | | | | injury awards. This equaldivision is usually accomplished |
| party wishes to makeany extraordinary expenditure, | | | | by dividing the assets and debts equally or byawarding |
| they must notify the other at least five daysbefore | | | | an equal value of assets and debts to each party. |